N, 



*\. 



\ 



EARLY HISTORY OF MASSACHUSETTS. 






LECTURES 



DELIVERED IN A COURSE BEFORE THE LOWELL 
INSTITUTE, IN BOSTON, 



V 



BY MEMBEBS OF THE 



iHassari)usett£i l^istovical ^octeti), 



ON SUBJECTS RELATING TO THE 



EAKLY HISTORY OF MASSACHUSETTS. 




BOSTON: 

PUBLISHED BY THE SOCIETY. 

1869. 



r67 



i^ 



Entered according to Act of Congress, in tlie year 1869, by 

THE MASSACHUSETTS HISTORICAL SOCIETV, 

In the Clerk's Office of tlie District Court of tlie District of Massachnsett3< 



CAMBRIDGE : 
PEES8 OP JOHN WILSON AND SON. 



\ 



PREFATORY NOTE. 



The Committee charged, with the pubhcation of this 
volume of Lectures, must not allow it to go before the 
public without a grateful acknowledgment of the in- 
debtedness of the Society to their associate, the Hon. 
John Ajiory Lowell, for his liberal and obliging co- 
operation in the arrangements for their delivery and 
for their publication. 

It should be distinctly understood, in view of any con- 
flicting opinions which may perhaps be found in these 
Lectures, that the author of each Lecture is individually 
and exclusively responsible for whatever he has ad- 
vanced. 



CONTENTS. 



"I. 

Paob 
Massachusetts and its Early History: Introductohy Lecture. 

By Hon. Robert C. Wixthrop. Jan. 5, 1869 1 

II. 

The Aims and Purposes of the Founders of the Massachusetts 

Colony. By George E. Ellis, D.D. Jan. 8, 1869 29 

III. 

Treatment of Intruders and Dissentients by the Founders of 

Massachusetts. By George E. Ellis, D.D. Jan. 12, 1869 . . 75 

IV. 

History of Grants under the Great Council for New England. 

By Samuel F. ILiven, A.M. Jan. 15, 1869 127 

V. 

The Colony of New Plyjiouth and its Relations to Massa- 
chusetts. By William Bkigham, A.M. Jan. 19, 1869. . . . 163 

VI. 

SLA^TiRY AS IT ONCE PREVAILED IN MASSACHUSETTS. By EmORY 

Washburn, LL.D. Jan. 22, 1869 191 

VII. 

Records of JLvssachusetts under its First Charter. By Hon. 

Charles W. Upham. Jan. 26, 1869 227 

VIII. 

The JIediCjVL Profession in JLissachusetts. By Oliver Wendell 

Holmes, M.D. Jan. 29, 1869 257 



VIU CONTENTS. 

IX. 

Page 
Early Relations with the Indlvns. By Samuel Eliot, LL.D. 

Feb. 2, 1809 303 

X. 

The Regicides sheltered in New England. By Chandler Rob- 
bins, D.D. Feb. 5, 1869 319 

XI. 

The First Charter and the Early Religious Legislation op 

Massachusetts. By Joel Parker, LL.D. Feb. 9, 18G9 . . . 355 

XII. 

Puritan Politics of England and New Engl.4ND. By Edward 

E. ILile, A.m. Feb. 12, 1869 441 

XIIL 

Education in Massachusetts : Early Legislation ^vnd History. 

By George B. Emerson, LL.D. Feb. 16, 1869 463 



MASSACHUSETTS AND ITS EARLY HISTORY. 



$utrotiuctor|) ILccture 



BY 

i 

HON. ROBERT C. WINTHROP. 



MASSACHUSETTS AND ITS EAELY HISTORY. 



INTEODUCTOEY. 



A N Introductory Lecture, my friends, like an overture to an 
-^^*- oratorio or an opera, has, proverbially, a wide scope ; and I 
shall avail myself, with your indulgence, of the largest privileges 
of my position. It is no affectation in me, however, to say to 
you at the outset, that I have little hope of satisfying even the 
reasonable requisitions of the service which has been assigned 
me. I am conscious, indeed, of coming here this evening to 
offer an apology, rather than to deliver an historical lecture. 
Most gladly would I have prepared myself to do something 
worthy of such an occasion, and of such an audience as I see 
before me. Most gladly would I have prepared myself, had it 
been in my power, to deliver something suitable to the position 
which I am called to occupy here, as the President of the old 
Historical Society of Massachusetts, the oldest historical society 
in our country ; which, for more than three-quarters of a cen- 
tury, has devoted itself to the illustration of the Colonial history 
of New England, publishing more than forty volumes of invalu- 
able historical materials, which ought to be in the library of every 
town and village of New England, but which, I am sorry to ^ay, 
have had fewer patrons, or certainly fewer purchasers, than they 
deserved and needed. 

Most gladly, too, would I have prepared myself, had it proved 
to be possible, to say something appropriate and proportionate to 
the great theme of that series of lectures which I am privileged 
to introduce, — the historical merits and virtues of the founders 
and builders-up of this old Puritan Commonwealth, — not second, 



4 MASSACHUSETTS AND ITS EARLY HISTORY. 

certainly, to any Commonwealth benaath the sun, for the influ- 
ence it has exerted upon the welfare of the world, and the ex- 
amples it has afforded for the admiration and imitation of mankind. 
Such a theme, I am sensible, deserves and demands the best 
treatment of which any of us are capable. The praises of the 
New-England Fathers should not be feebly uttered. To preface 
a course of lectures on such a subject, and by such lecturers 
as are to succeed me, by any vapid commonplaces, or any mere 
vaporing and boastful panegyrics, were like putting up a lath- 
and-plaster portico to some stately Doric temple, or a facade of 
stucco upon some solid mausoleum of marble or porphyry. 
Better let the structure be, without any facade at all, — as the 
grand Cathedral of Florence, with that majestic dome which so 
roused the emulation of Michel Angelo, has stood for so many 
centuries, — than impair its grandeur, and offend its majesty, by 
any cheap or incongruous frontispiece. There was nothing of 
sham in the character or the conduct of those with whom our 
lectures are to deal ; and nothing of sham should be associated 
with their commemoration. 

Why, then, am I here at all, — seeing that I must needs be so 
reckless of my own rede, and do only what I feel to be so far 
short of my own conception, at least, of what is due to tiie occa- 
sion ? The answer to this question, my friends, will supply me 
with a subject, and will furnish the substance of the apology 
which I am here to offer you. 

Allow me, at the outset, to recall the circumstances under 
which I first heard of these lectures. It w^as about the end of 
last January, just as I was leaving the pleasant city of Nice, re- 
cently included in the Empire of France, that I received a kind 
letter from my valued friend. Dr. George E. Ellis, — the original 
proposer of these lectures, and without whom they would not 
and could not have been undertaken, and who is himself to ad- 
dress you next Friday evening on the " Aims and Purposes of 
the Founders of the Massachusetts Colony," — a letter announ- 
cing that such a course was in process of arrangement between 
Mr. Lowell and himself, and suggesting the hope that I might 
return home in season for its opening or its close. I had just 
taken leave of our grand Admiral Farragut, who, throughout that 
eventful circumnavigation from which he has recently returned, 



MASSACHUSETTS AND ITS EARLY HISTORY. 5 

made friends for his country, as well as for himself, wherever he 
went ; and the carriage was already at the door, which was to 
bear me along that magnificent Corniche road, — on the very 
brink of the Mediterranean, — of which any one who has ever 
been over it will require no description, while to those who are 
still strangers to its marvellous attractions and its magic beauly, 
no words of others, certainly not of mine, could convey any 
adequate conceptions of them. I drove along this incomparable 
road during three days of delicious weather, and on the fourth 
day entered that superb city which a grander Admiral even than 
Farragut might well have been proud to claim as his birthplace, 

— Christopher Columbus, a native of Genoa. A noble monu- 
ment to Columbus, recently finished, surmounted by a striking 
statue of him, and adorned by a series of bas-reliefs illustrating 
the strange, eventful story of his life, — from which, I need hardly 
say, the Discovery of America was not wholly omitted, — greeted 
us at the gates, with the simple inscription in Italian, " To 
Christopher Columbus from his Country;" and, as I gazed upon 
it with admiration, I could not help feeling that it was not there 
alone that a monument and a statue were due to his memory, 
but that upon the shores of our own hemisphere, too, there ought 
to be some worthy memorial of the discoverer of the New 
World. I could not help feeling, indeed, how fit it would be, if 
we could have at New York,ior in Boston, or at Washington, or 
at Worcester, — under the auspices of our excellent American 
Antiquarian Society, which has taken the supposed date of 
Columbus's discovery as the date of its own anniversary, — an 
exact reproduction of this admirable monument at Genoa, so 
that hemisphere should seem to respond to hemisphere in a com- 
mon tribute to the heroic and matchless old navigator. It would 
be some sort of atonement, I thought, on the part of America, 

— tardy and inadequate, indeed, but better than nothing, — for 
having allowed the name of another, however meritorious, to 
usurp the place to which his name was so pre-eminently entitled 
in the geographical nomenclature of the globe. 

No one, however, who observes the course of things in our 
own land, if not in other lands, in regard to monuments and 
statues, can be surprised that the claims of Columbus should 
have been postponed. Shakspeare has portrayed the whole 

1 See p. 27. 



6 MASSACHUSETTS AND ITS EARLY HISTORY. 

philosophy of the matter, in that most impressive passage which 
he has put into the mouth of the not altogether reticent Ulysses 
of ancient Greece. You all remember it : — 

" Time hath, my lord, a wallet at his back, 
Wherein he puts alms for oblivion, 
A great-sized monster of ingratitudes : 
Those scraps are good deeds past ; which are devour'd 
As fast as they are made, forgot as soon 
As done :..... 
One touch of nature makes the whole world kin, — 
That all, with one consent, praise new-born gawds, 
Though they are made and moulded of things past; 
And give to dust, that is a little gilt, 
More laud than gilt o'er-dusted. 
The present eye praises the present object." 

How true is it, my friends, here and elsewhere, now as in 
Shakspeare's time, that the man who discovered a continent, or 
founded a great commonwealth, is postponed to some living liero, 
or to him who died but yesterday ! For a time the heroes of our 
Revolution crowded out all commemoration of the Pilgrim or 
Puritan Fathers. Then came the heroes of a later war with 
England to crowd out the Revolutionary patriots. Next fol- 
lowed the heroes of the conquest of Mexico. More recently, 
the heroes and martyrs of our late civil war have absorbed 
all our sympathies and all our means. It is not unnatural; 
nor is it a subject for reproach or complaint, or for any thing 
but satisfaction. We grudge no tribute, certainly, however 
costly, to those heroic young lives which were offered up so 
nobly for the recent rescue of the National Union. Yet it 
may be hoped that a day will still come, when America may have 
time to look back, even as far as Columbus; and, coming down 
through the various stages of her early colonial settlement, and 
her later constitutional government, may provide some fit me- 
morials of the men to whom she has owed her rise and progress. 
It maybe hoped that a day will come, when Massachusetts may 
have leisure to examine that " wallet of oblivion at the back of 
Time," and to rescue from it some names and deeds of her own 
earlier and later history, which she would not willingly let die. 
It may be hoped that a day will come, when our own city may 
have time to review her roll of honor, and may realize that no 



MASSACHUSETTS AND ITS EARLY HISTORY. 7 

Campo Santo, or Santa Croce, or Pere la Chaise, or Westminster 
Abbey of the Old World, contains dust more precious, or more 
worthy of commemoration, than that which lies almost un- 
marked in some of her own anciei^t graveyards. I will men- 
tion but a single name; that of the great minister of our first 
Puritan church, in honor of whose intended coining our city is 
said to have been called: — We sent, indeed, over the Atlantic, 
not many years since, a considerable sum of money to repair the 
little chapel of his noble church in Boston, Lincolnshire, Old 
England ; but there is nothing to tell the passer-by, unless he 
stoops over the mouldering stone with the microscope of an Old 
Mortality, where, in the Boston of New England, have reposed 
for two centuries the ashes of John Cotton. 

But the statue of Columbus was not the only thing I saw in 
Genoa, which awakened reflections and associations connected 
with my own land. I did not fail to grope my way through the 
old Historic Hall, with its double row of original portrait statues 
of the old Genoese nobles, formerly known as the Bank of St. 
George, but now desecrated to the use of the dingiest depart- 
ment of what, I should hope and believe, is the dingiest custom- 
house in the world. Heaven forbid, thought I, that any historic 
hall of my own land should ever suffer such a profanation. 
Yet when I remembered how inadequately cared for our own 
Faneuil Hall, and still more our own old State House, had often 
been ; and how much of their sanctity and of their safety had 
been sacrificed in years past, if they were not still, to any and 
every purpose which might increase the rents, and add a few 
more hundreds of dollars to a treasury from which so much goes 
out from year to year for more than doubtful expenditures, — I 
was less emboldened to indulge in any wholesale strictures upon 
other cities. But better, a thousand-fold better, let me say in 
passing, that all such structures, whether in Genoa or in Boston, 
should be razed to the ground at once, and live only as they are 
photographed on the hearts of those who have held them sacred, 
than that they should be left cumbering the ground and blocking 
the highway, only to signalize the more conspicuously that 
indifi'erence and irreverence towards the noblest scenes and 
associations of a glorious past, which have been engendered by 
the rush and crush of modern improvement and modern traffic. 



8 MASSACHUSETTS AND ITS EARLY HISTORY. 

But pardon me, my friends, for such a digression, and bear 
with me kindly as I roll rapidly again along the Riviera, resting 
at mid-day on the lofty hill at Rota, which commands so wonder- 
ful a view, and reaching Sestri di Ponente just in season to 
enjoy one of those indescribable Italian sunsets. The necessity 
of an early start, the next day, not only secured us an opportunity 
of witnessing what Jeremy Taylor had so vividly in mind when 
he quaintly recommended to the readers of his " Holy Living," 
that they should sometimes " be curious to see the preparations 
which the sun makes, when he is about to quit his chamber in 
the East;" but enabled us also to reach the summit of the last 
mountain on our route, in season to look down upon the lovely 
harbor of Spezia, just as the day star was once more sinking 
beneath the blue waters of the Mediterranean, and casting those 
ineffable roseate hues upon the snow-capped Apennines in the 
distance, while at the same instant a full-orbed moon was 
rising majestically from behind them. A more delightful and 
inspiring view it has hardly entered into the imagination of poet 
or painter to conceive. Shall I be forgiven, however, for saying 
that there was an added beauty to that view, — to American 
eyes, certainly, — when we descried in the harbor below us, 
safely riding at anchor, and surrounded by its companions of 
the squadron, and surmounted by the stars and stripes, the same 
noble propeller, bearing the name of the " Great Bostonian," — 
Franklin, — which we had left at Nice, and which had come round 
there that very day ? I do not envy the apathy of any American, 
young or old, who can suddenly find himself face to face, in a 
foreign land, with the flag of his country, flying from the mast- 
head of one of its noblest frigates, and symbolizing more espe- 
cially the personal presence and authority of an admiral who 
went into action lashed to a mast-head himself, — I do not envy, 
I say, the composure of one who can confront that flag, under 
such circumstances, without emotion ; or, who would not con- 
sider any prospect, which sun and moon and azure waves and 
snow-capt hills combined can make up, as beautified and glorified 
by such an additional feature. 

The next morning, I found myself in the train with Farragut 
and his party, and went on with them to Pisa, where we all 
ascended "the tower which leans and leans and leans, but 



MASSACHUSETTS AND ITS EARLY HISTORY. 9 

never falls." On the following day, I was where I could read 
the inscription on the ancient residence of Americus Vespucius; 
and where I was led to wish again, as I had more than once 
wished before, that Boston would follow the example of Florence, 
and so inscribe its local history on the names of its streets, and 
the walls of its houses, that it might be read by every boy and 
girl on their way to school. 

But what, you may well ask, my friends, what has all this to 
do with the course of historical lectures which I am here officially 
to introduce ? What has it all to do even with the apology 
which I proposed to offer you ? Not so much, perhaps, with 
either as might be wished, yet by no means so little as some 
of my hearers may at first be disposed to think. For as I 
drove along that magnificent road, during those five or six 
days of superb weather, when sun and moon and each particular 
star would seem to have shed their selectest influence upon 
our pathway (and be it always borne in mind, that one may 
as well look for the beauties of a landscape while passing 
through a tunnel, as attempt to form any idea of the grandeur of 
the Corniche by traversing it in a fog or a storm), — as I drove 
along that marvellous road which, too soon, I i'ear, is to be 
abandoned for the greater despatch and economy of an already 
half-finished railroad, the letter of my friend Dr. Ellis, an- 
nouncing these lectures, and which had been opened as I entered 
the carriage, was fresh in my mind and frequently in my hand. 
I read it certainly more than once, or twice, or thrice ; and the 
subject to which it referred kept strangely blending itself with 
all I was observing and enjoying, entering unbidden alike into 
my thoughts by day and my dreams by night. As I gazed, at one 
moment, on the glorious sea at my side, and marked the match- 
less blueness of its waters; and at another, on the gorgeous 
hues of sunrise, or of sunset, around and above me, fulfilling, 
as hardly anywhere else is so complelely fulfilled, the exquisite 
idea of the Psalmist, — " Thou makest the outgoings of the morn- 
ing and the evening to rejoice;" — as I contemplated the varied 
luxuriance of the climate and the soil, where, on those last days 
of January and first days of February, the vine and the olive were 
still wearing their leafy honors side by side; and oranges and 
lemons still ripening on the branches ; and the rose and the sweet 






10 MASSACHUSETTS AND ITS EARLY HISTORY. 

pea still blooming on the walls and in the gardens ; — as I 
inhaled that balmy air which made it a luxury to breathe; — as 
I turned to the thousand forms of beauty and of grandeur which 
greeted me from the distant hills and mountains, the Maritime 
Alps or Ligurian Apennines, with their robes of ice and diadems 
of snow: — all the while, old Massachusetts and its history and 
its Historical Society, and this very course of Lowell lectures, 
were still uppermost, or undermost, or somewhere in the midst of 
my thoughts, — sometimes in the way of comparison and some- 
times of contrast, sometimes of yearning and sometimes, I do 
confess, of dread. 

I could not help feeling, of course, that whatever else my 
native State might have to boast of, she had nothing in 
the way of sea, or sky, or soil, of climate or of scenery, to 
be compared for an instant with what I was beholding. I 
could not help contrasting the genial temperature and glowing 
atmosphere which I was enjoying, with the bleak winds and 
deep snows and drenching storms and freezing cold, which my 
fellow-citizens at home must have been at that moment endur- 
ing. And while I was thus meditating and musing, the fire 
kindled, and I found myself seriously asking myself, whether I 
would permanently exchange, were it in my power to do so, such 
sea and sky and soil, as we have here in New England to-day, 
for those of southern France or central Italy ; and suddenly I 
found myself resolving, that if I should reach my home safely 
and in season, and should be called on to take either an opening 
or a closing part in this course of lectures, — ignorant, as I was, 
what other subjects might be left open to me, — I would give my 
reasons for saying no, — emphatically 710, — to this question; 
and would devote my little hour to some thoughts on the influ- 
ences upon the character and career of our earlier and our later 
people, and on the supreme results to our history as a Common- 
wealth, of that very soil and climate about which we are so often 
disposed to complain, and of which my letters from home were 
at that moment saying, " that it was feared the Gulf Stream 
had changed its current, and that we might soon look out for 
polar bears and other arctic curiosities I " And soon the subject 
and its treatment began to expand and shape itself in my mind. 
I bethought me that Massachusetts, too, had a sea of her own, 



MASSACHUSETTS AND ITS EARLY HISTORY. 11 

— an historical sea, if I may so speak; that, indeed, she had 
risen out of the sea, that she could not have been Mas- 
sachusetts had she not been founded on the coast. And I 
followed that coast around, on the map of my memory, from the 
farthest point of Cape Cod, to which Captain John Smith, — one 
of the pioneers of New-England exploration, of whom my friend 
Hillard has given us so good a Life ; and who himself deserves a 
statue or a monument somewhere along shore, — attempted to 
affix the name of King James ; round to the extremest verge of 
Cape Ann, to which the same bold, though erratic — I had 
almost said vagabond — navigator essayed to give the portentous 
and not altogether musical title of Cape Tragabigzanda. I 
found myself pausing in this survey, as you will not doubt, to 
mark the spot in Provincetovvn Harbor, where, in the cabin of the 
" Mayflower," the first written Constitution known to the history 
of the world, was drawn up, agreed upon, and signed. I found 
myself pausing again, as you will not doubt, to mark the spot in 
Plymouth Harbor, where the Pilgrim Fathers left the " May- 
flower " at that terrible wintry season, and landed on that conse- 
crated rock. I found myself pausing once more, you may be sure, 
to mark the spot in the gentler waters which wash that charming 
Beverly shore in the harbor of Salem, where the " Arbella," with 
the charter of Massachusetts, and its governor and company, 
came to anchor ten years later. Nor did I altogether forget the 
little islands on which Bartholomew Gosnold had landed and 
built a house, before Puritan or Pilgrim, or even John Smith, had 
ventured within our bay. And then there came over me a more 
vivid im])ression than ever before, of all that that bay, with the 
great ocean of which it is an inlet, had done for the character 
and enterprise and industry of our people, from those early days 
to this. I bethought me of those whale-fisheries, of which it had 
been the cradle and the nursery, and which elicited that well- 
remembered and magnificent tribute of Edmund Burke, in his 
speech on conciliation with America, — a tribute, which, at the 
end of nearly a hundred years, cannot be read without stirring 
our blood like a trumpet, and which is worthy of being read 
and re-read, as a piece of glorious prose which neither Macaulay 
nor Milton often, if ever, surpassed: — 



12 MASSACHUSETTS AND ITS EARLY HISTORY. 

'• Look at the manner in which the people of New England," said 
Burke, " have of late carried on the whale-fishery. Whilst we follow 
them among the tumbling mountains of ice, and beliold them penetrating 
into the deepest frozen recesses of Hudson's Bay and Davis's Straits, 
whilst we are looking for them beneath the arctic circle, we hear that 
they have pierced into the opposite region of polar cold, that they are at 
the antipodes, and engaged under the frozen serpent of the South. Falk- 
land Island, which seemed too remote and romantic an object for the grasp 
of rational ambition, is but a stage and resting-place in the progress of 
their victorious industry. Nor is the equinoctial heat more discouraging 
to them, th.an the accumulated winter of both the poles. We know that 
whilst some of them draw the line and strike the harpoon on the coast of 
Africa, others run the longitude, and pursue their gigantic game along the 
coast of Brazil. No sea but what is vexed by their fisheries. No 
climate that is not witness to their toils. Neither the perseverance of 
Holland, nor the activity of France, nor the dexterous and firm sagacity 
of English enterprise, ever carried this most perilous mode of hardy 
industry to the extent to which it has beeu pushed by this recent people ; 
a people who are still, as it were, but in the gristle, and not yet hard- 
ened into tlie bone of manhood." 

I bethought me, too, of the cod fisheries which our bay had 
nourished and cherished, until they became at one time so far 
the very staple of our Commonwealth, that their emblem, — as I 
have the best reason for remembering, — was suspended, where it 
still hangs, over the chair of the presiding officer of the represen- 
tatives of the people in our legislative halls. I bethought me, 
again, of the mercantile marine it had built up, until Salem 
became one of the great seats of the East-India trade ; and 
Captain Robert Gray, of Boston, discovered the Columbia River; 
and Boston itself rose to be the third, — as it not long ago was, 
I know not where it stands now, — while New Bedford was hardly 
less than the fifth, in the commercial tonnage of the Union. Nor, 
certainly, did I fail to remember what our bay and our sea had 
done for the national navy, and the thousands of gallant tars it 
had supplied for fighting their country's battles on the ocean, — 
whether under Bainbridge and Lawrence and Chauncey and Hull 
and Decatiir, in those days when George Canning declared, in the 
House of Commons, that " the spell of British invincibility on the 
ocean was at last broken ; " or in these latter days of not inferior 
glory, under Porter and Rodgers and Winslow and Foote and Far- 



MASSACHUSETTS AND ITS EARLY HISTORY. 13 

ragut. Was this a sea, I asked myself, to be disowned, or abandoned, 
or exchanged for any other sea beneath the sun ? It was no Medi- 
terranean, indeed. It did not run between vine-clad hills and 
romantic villages ; and one could hardly sail an hour upon it, in 
a straight course, without leaving capes and headlands and snug 
harbors behind him, and going out to buffet with the big rollers 
and swelling billows of the vast Atlantic, with nothing but the 
sea and the sky, and the God above the sky, to witness the en- 
counter. But, for this very reason, it was a sea to impart the 
bravery it demanded; to stimulate the adventure it invited; and 
to breed and educate, as it has bred and educated, a race of hardy 
and intrepid mariners, taking to the water, — as Dr. Palfrey once 
so happily said, — as naturally as so many ducks to a pond ; whose 
enterprise and exploits have supplied, and are still destined to 
supply, the theme of solid history, as well as of brilliant romance, 
to the end of time ; mariners of New England, who are as worthy 
of being famous in song and story, as those mariners of Old Eng- 
land, whose memories are embalmed in the immortal song of 
Campbell. 

And then I bethought me of the climate of Massachusetts, 
which had so marvellously co-operated with the sea, in giving 
vigor and energy and hardihood to our people. True, we had 
no Januarys or Februarys like those I was experiencing. True, 
our winters were almost always long and dreary and dreadful, 
and our summers too often brief and scorching. A glorious 
autumn we miglit generally boast of, kindling our forests into a 
thousand glories, as the inexorable Frost King blazes his path- 
way through the valleys and along the hill-sides, in colors such as 
never adorned the train of any other earthly monarch: but we 
have had recent experience that even this cannot be counted on; 
while as to spring, — why, if our poet Bryant had seen fit to vie 
with Thomson, — as I think he might have done, — and to depict 
the Seasons of New England, he could have done nothing but 
include spring in a parenthesis. 

Yet, would I alter all this ? Would I, if the wand of Prospero, 
to lay or lift a tempest, were in my hand, exchange even our 
Boston east wind, eager and nipping as it is, for some sweet but 
treacherous south, breathing, indeed, over a bank of violets, but 
bringing in its track the lassitude, the self-indulgence, the aver- 



14 MASSACHUSETTS AND ITS EARLY HISTORY. 

sion to labor, the inaptitude for liberty, the incapacity for self- 
government, or for sustained and manly effort of any sort, which 
characterize so many of the inhabitants of those sunny climes 
through which I was then passing? Admit that our east wind 
may have imparted not a little of its harsh and acrid quality to 
the tempers of those who first weathered it, which has not been 
wholly eradicated, which perhaps never can be eradicated, from 
the tempers of their descendants; for I am disposed to think, 
that the acrid quality of the climate was, in part at least, pri- 
marily responsible for creating that " acrid spirit of the times," 
which Longfellow tells us, at the close of one of his graceful 
New-England tragedies, "corroded the true steel" of one of the 
earliest and bravest of the old Puritan leaders. But what other 
climate could have given them the muscle, the grit, the gristle (as 
Burke called it), the strong right arms, and the stern and dauntless 
souls, which enabled them to endure the deprivations of a wil- 
derness, and to subdue a soil which would have repelled and 
defied all feebler hands or hearts? 

And, next, I bethought me of that soil : What a soil it was, here 
in New England, what a soil it is still, compared with that then 
beneath my feet ! And I remembered but too vividly the dreary 
and desolate look of a Massachusetts landscape for six or seven 
months of the year, not only without fruit or flowers, like those 
which were on all sides around me, but without a spire of grass 
or a leaf on the trees. But I remembered, too, a little dialogue 
which I had once heard from the lips of Edward Everett. 
Would that* those lips had language still, and could repeat it, in 
their own inimitable way, once more ! He was accompanying 
Henry Clay, during the month of April, I think it was in the 
year 1833, through the county of Middlesex, which Mr. Everett 
then represented in Congress, on a visit to Lowell. " Everett," 
exclaimed Mr. Clay, " in Heaven's name, what do your constit- 
uents live on ? I see nothing hereabouts capable of supporting 
human life, or animal life of any sort." " Why, Mr. Clay," re- 
plied Everett, " don't you see that tree in the middle of yonder 
field there ? " " Yes, I do," said Mr. Clay ; " and a very small 
and miserable specimen of a tree it is ; there is not a leaf or a bud 
on it ; it looks dead already, and hardly fit for firewood." " Ah ! " 
said Mr. Everett (in playful resentment of an old impertinence 



MASSACHUSETTS AND ITS EARLY HISTORY. 15 

to a neighboring New-England State), " it makes capital wooden 
nutmegs!" Yes, my friends, the barrenness of our ground has 
made our brains fertile ; and even the invention which built up 
Lowell, has owed not a little of its stimulus to the sterility of the 
surrounding acres. The willing and luxuriant harvests of other 
latitudes, are, indeed, unknown to us ; but who shall complain of 
a soil which has so enforced industry ; which has so quickened and 
sharpened the wits ; which has so nourished independence and 
freedom ; which has presented no temptation to make woman a 
yoke-fellow with the brutes, exhibiting her, like those I saw around 
me, subjected to the hardest labors of the field ; and which, above 
all, — far, far above all, — has so repelled and repudiated from its 
culture every form of human servitude ! Boast as we will, and 
as we well may, of the influence of free schools and free govern- 
ments in moulding and training the characters and careers of 
New-England men, — and my friend, Mr. Emerson, will tell you 
all about that, when his turn to lecture comes, — we must not for- 
get that there are influences underlying and overlying all these, 
— the influences of the earth beneath us and of the sky above us. 
One of the most popular of Old England's poets, even in the very 
piece in which he proposed to illustrate the influence of education 
and government upon mankind, — a piece which, though fragmen- 
tary and unfinished, is not unworthy to stand beside his own 
exquisite elegy in a country churchyard, — has given expression to 
this idea in some noble lines : — 

" Not but the human fabric from the birth 
Imbibes tlie flavor of its parent earth ; 
As various tracts enforce a various toil, 
Tlie manners speals the idiom of their soil. 
An iron race tlie mountain-cliffs maintain. 
Foes to tlie gentler genius of the plain." 

One might almost imagine, indeed, that Gray had New England, 
and New-England men, distinctly in his mind, when he adds : — 

" For wliere unwearied sinews must be found 
With side-long plougli to quell the flinty ground, 
To turn the torrent's swift-descending flood, 
To brave the savage rushing from the wood, — 
What wonder if, to patient valor train'd, 
They guard with spirit what by strength they gain'd ? " 



16 MASSACHUSETTS AND ITS EARLY HISTORY. 

And you all remember that good, dear, pious Mrs. Barbauld 
has condensed the whole thought into one of the grandest coup- 
lets in all poetry : — 

" Man is the nobler growth our realms supply, 
And souls are ripened in our northern sky." 

Yes, my friends, we of New England, after all, may well thank 
Heaven that our Pilgrim Fathers landed upon nothing softer 
than a rock,i and that the Puritan founders of Massachusetts were 
not persuaded, — as Oliver Cromwell endeavored to persuade 
them, and would fain have forced them, had he dared to try it, — 
to abandon their flinty glebe for the rich mould of the tropics. It 
is not enough for us to be grateful, that the region to which they 
so firmly adhered, was not a region exposed to such inundations 
as have recently devastated so many of the fields and villages 
of Switzerland, and made such a claim upon the sympathy and 
succor of all who have witnessed the glories of the Alps, and the 
simple virtues of those who inhabit them. It is not enough for 
us to be grateful, that the clime to which they clung so tena- 
ciously, is not a clime subject to such convulsions as have recently 
swallowed up whole cities on our own hemisphere ; and the mere 
liability to which is itself sufficient to unnerve and demoralize 
even those who may escape all actual damage to person or 
property. It is not enough for us to be grateful, that the bay 
around which they nestled and clustered, had no smouldering 
volcano on its right hand or on its left, threatening at every 
outbreak, like Vesuvius or ^tna at this moment, to over- 
whelm all within its reach with a torrent of burning lava. It is 
not enough for us to be grateful, that the land and the sea which 
they refused so obstinately to abandon or exchange, were free 
alike from the corrupting and distracting influences of mines of 
silver or of gold, and of fisheries of coral or of pearl; though 
I may not forget that, in these latter years, some of our not 
very distant hills have occasionally been suspected of gold, 
and that a few exquisite pearls have actually been found, in 
the streams near Sandwich, not far from where the Pilgrims 
landed. But, beyond and above all this, may we not well thank 
God, as we review our history, even for that springless climate, 
of short surnmers and long winters, of late and early frosts, 

1 See p. 27. 



MASSACHUSETTS AND ITS EARLY HISTORY. 17 

of sharp and sudden vicissitudes, which has demanded, from 
first to last, the steady and sturdy struggle of intelligent free- 
men for existence and for bread ? May we not well thank God 
for a soil, from which no North-western Ordinance or Missouri 
Compromise, no Wilmot Proviso or Constitutional Amendment, 
was ever needed to shut out slavery ; and for a temperature 
which has braced up our children to a manly, vigorous, indepen- 
dent, self-sustaining, and self-relying exercise of their own thews 
and sinews and brains in every field of useful labor or worthy 
enterprise ? 

"Who is not willing to unite with me in exclaiming, in this sense 
at least, — Let Massachusetts be "left out in the cold" for ever, 
with nothing but ice and granite for her natural exports, rather 
than have all the manhood melted and thawed out of her children, 
as it was out of so many of those whom I saw by the way-side, too 
limp for any thing but to bask in the sun and beg? Who can 
say that upon a different soil, and under other skies, even New- 
England principles, as we call them, would have been proof 
against the temptation of establishing, or at least permanently 
tolerating, domestic institutions which have been so fatal else- 
where, and which it has cost at last such a deluge of blood and 
treasure to abolish ? Who can say that if the pilot of the 
Pilgrims, to whom, justly or unjustly, treachery has sometimes 
been imputed, had conducted the Mayflower nearer to the 
Southern Cross, instead of steering her ever by that blessed 
North Star; and if the Massachusetts colony had followed in 
their wake, — we, their descendants, might not at this moment 
be suffering, as so many of our brethren elsewhere are suffering, 
from the destitution and desolation, directly or indirectly brought 
upon ourselves, by a vain struggle, in the interests and under the 
influence of slavery, to overthrow that National Government, 
and rend asunder that Constitutional Union, which it is now 
our pride and glory to have defended and preserved for our 
children? 

Such, my friends, were some of the thoughts, on the influence 
of soil and climate upon the character and history of New Eng- 
land, which came swarming through my mind as I whirled along 
that magnificent Corniche road last winter, with the letter of my 
friend Dr. Ellis in my hand. Such were the leading ideas of the 

2 



18 MASSACHUSETTS AND ITS EARLY HISTORY. 

lecture I then conceived, and proposed to prepare deliberately, if 
I should be called on to prepare any thing, for this occasion ; and 
which I thought might be worked up into a not altogether inap- 
propriate Introductory to such a course. But a thousand unfore- 
seen circumstances of foreign travel, and of domestic and per- 
sonal experience, soon occurred to obliterate the whole subject 
from my mind ; and I returned home, not long ago, without ever 
thinking of it again, and without a note on which I could rely 
for reviving and reconstructing the train of ideas. And all 
that I have been able to do, since my return, has been to recall 
thus hastily the associations of time and place, to gather up the 
tangled threads wherever I could lay hold of them in my memory, 
and to present to you thus crudely, what I would so gladly have 
elaborated, illustrated, and perfected. If, however, by throwing 
myself into the gap, — as I have done, at the last moment, and at 
the imperative call of others, — I shall have prepared the way for 
the instructive and well-considered and eloquent discourses which 
I know are to follow, my hour will not have been spent in vain ; 
and you, I am sure, will all pardon me for so desultory and dis- 
cursive an utterance. 

I must not let you go, however, without reverting, in a few 
closing remarks, to the original purpose of these lectures, and to 
the general objects of the Society under whose auspices they 
have been undertaken. There is something remarkable, and 
more than remarkable, — there is something quite wonderful, I 
think, — about the way in which the history of this old Common- 
wealth of ours, and the history of New England, of which it 
was the capital colony, have been preserved, cared for, and 
"treasured up as for a life beyond life," from the very outset of 
their career. Not only are we spared the pains of seeking the 
story of our origin in myths and fables, in traditions and 
legends, like the people of so many other lands, but we may find 
it written out for us at the moment, by those who could tell us 
all that they saw, and a most important part of which they 
were. 

Hardly had the Pilgrims landed at Plymouth in 1620, before 
William Bradford, who was so soon to succeed the lamented 
Carver as their governor, began to collect the original letters 
and papers, which, ten years afterwards, he commenced " piecing 



MASSACHUSETTS AND ITS EARLY HISTORY. 19 

up at times of leisure" (to use his own phrase), until he had 
completed a connected and careful account of the first twenty- 
seven years of that pioneer plantation. This invaluable work, 
— after remaining in manuscript for more than two hundred 
years, known only by a few citations which had been made from 
it by later writers, who had enjoyed the privilege of consulting 
it, — after having disappeared from all view, and eluded all 
search, for more than half a century; and after having been 
lamented over like one of the lost books of Livy — to us, if 
not to the world at large, a thousand times more precious than 
the whole of Livy, — was at last discovered in 1855, on the other 
side of the Atlantic Ocean, in the library of the Bishop of 
Lonlon at Fulham, and was printed for the first time, by this 
Society, in 1856, from an exact copy made for the purpose, under 
the faithful editorship of our present accomplished Recording Sec- 
retary, Mr. Charles Deane. 

On the other hand, the Massachusetts Company proper, with 
their charter, had not left their final anchorage at the Cowes, 
near the Isle of Wight, in 1630, before the governor of that 
colony (John Winthrop) had made the first entry in a journal or 
history, which he continued from day to day, and from year to 
year, until his death in 1648-9. That work, too, remained in 
perishable manuscript for a century and a half. The original 
was in three volumes; the two first of which were printed, for 
the first time, at Hartford, in 1790, from an inaccurate copy, which 
had been commenced by Governor Trumbull, with a preface 
and dedication by the great lexicographer, Noah Webster, who 
subsequently confessed that he had never even read the original 
manuscript. It remained for one whom we now recognize, since 
the death of our veteran Quincy, as the venerable senior mem- 
ber of our Society, and its former President (James Savage), to 
decipher and annotate and edit the whole ; for lo ! in 1816, 
the third volume, of which nothing had been seen or heard for 
more than sixty years, turned up in the tower of the Old South 
Meeting-house! The Rev. Thomas Prince, the pastor of that 
church, who kept his library in that tower, and is known to have 
had all three of the volumes in 1755, died without returning this ■ 
third volume to the family of the author, from whom I have the 
best reason to think they were all borrowed. And so in 1825-6, 



20 MASSACHUSETTS AND ITS EARLY HISTORY. 

one hundred and ninety-five years after that first entry, on that 
Easter Monday, while the " Arbella " was " riding at the Cowes," 
these annals of the first nineteen years of the Massachusetts 
colony were published in a correct and complete form. But as 
if to illustrate the risks to which they had been so long exposed, 
and to signalize the perils they had so providentially escaped, 
one of the original volumes was destroyed by a memorable fire 
in Court Street, before Mr. Savage had finished the laborious 
corrections and annotations to which he had devoted himself. 

Here, then, we find the striking fact of the two governors of 
the two originally independent colonies of Plymouth and Mas- 
sachusetts Bay, which afterwards, in 1691, were combined in a 
single Commonwealth, — the two men who were the leading 
witnesses of all that occurred, and the leading actors in all that 
was done, — preparing careful histories of the rise and prog- 
ress of each, and leaving them in manuscript at their death : 
Those manuscripts we find remaining unprinted, uncopied, and 
seemingly uncared for, during a period of a century and a half 
and two centuries respectively ; exposed to all and more than all 
the common accidents which wait upon ancient papers, — the 
moth, the bookworm, the damp, the flames, — owing to the un- 
settled and troubled condition of the colonies, from time to time, 
and almost all the time : For instance, when the British cavalry 
occupied the Old South Church, as a riding-school and a stable, 
in 1775, and took Governor Winthrop's old house (which stood 
next) for firewood, both of these precious manuscripts were in 
the tower, where Prince had left them ; and both were doomed, 
to all human eyes, to be used as kindling ; but they were really 
destined for another sort of kindling: Both of them we find re- 
appearing in the end, — substantially every leaf of them ; — one 
of them, and a large part of the other, turning up at last where 
they would least have been looked for, or have been imagined to 
be ; and both of them waiting, — waiting, as it were, for the ful- 
ness of time, — to be published, as they have been, by those most 
capable of appreciating them and doing them justice. 

What is there in the curiosities of secular literature more 
striking ! Surely, we may say, so far as Massachusetts history 
is concerned, " There's a divinity that shapes our ends, rough- 
hew them how we wiU." But this is but the beginning of the 



MASSACHUSETTS AND ITS EARLY HISTORY. 21 

story. While these original and more authentic accounts of 
the infant Commonwealth were still scarcely known to exist be- 
yond the family circle of their authors, — as early as 1654, — 
Edward Johnson, one of the intensest of Puritans, publishes in 
London, his " Wonder-working Providence of Sion's Saviour in 
New England," which, though written in a most inflated and 
bombastic style, and full of blunders and doggerel, contains many 
most important and valuable facts, and is worthy of being remem- 
bered as the first printed book of New-England history. A beau- 
tiful edition of it, with a valuable Introduction, has recently been 
published by Mr. W. F. Poole, the late faithful Librarian of the 
Boston Athenseum. Then came Nathaniel Morton, a nephew of 
Governor Bradford, with his " Memorial of Plymouth Colony," 
abounding, also, in important references to the Massachusetts 
Colony proper, published originally at our Cambridge in 1669, 
and republished in 1826, under the admirable editorship of another 
former President of this Society, — the late excellent Judge 
Davis. 

And now " draws hitherward, — I know him by his stride," — 
the giant of New-England early literature, — the marvellous and 
marvel-loving Cotton Mather, with a voracity for every thing re- 
lating to our colonial condition and history as insatiate as his 
own vanity; seeking and searching for something new and 
strange, like those men of ancient Athens whom Paul depicted; 
of a credulity which swallowed every thing which was told him, 
and a diligence which digested almost every thing which he swal- 
lowed ; and publishing, in London, in 1702, after a prodigious 
amount of strugglings and wrestlings, of prayers and fastings, of 
visions by day and dreams by night, a huge folio volume, en- 
titled " Magnalia Christi Americana," or, as the titlepage has it, 
" The First book of the New-English History, reporting the De- 
sign whereojj, the Manner wherem, and the People -whereby, the 
several Colonies of New England were planted, by the endeavour 
of Cotton Mather;" — containing a monstrous mass of informa- 
tion and speculation, of error and gossip, of biography and his- 
tory,. of italics and capitals, of classical quotations, Latin and 
Greek, and of original epitaphs, Latin and English, in prose 
and in verse, which, as old Polonius said of Hamlet's actors, 
" either for tragedy, comedy, history, pastoral, pastoral-comical, 



22 MASSACHUSETTS AND ITS EARLY HISTORY. 

historical-pastoral, tragical-comical, scene individable or poem 
unlimited," has hardly a parallel in the world. Let me not seem 
to disparage or undervalue Cotton Mather, — a perfect Dr. Pan- 
gloss, as he was in many particulars, — for with all his foibles 
and all his faults, all his credulity and all his vanity, it cannot be 
denied that he did a really great work for New-England history. 
The lives of our Worthies could not have been written without 
him : while his " Essay to do Good " is known to have given the 
earliest incentive to the wonderful career of New England's 
most wonderful son, — Benjamin Franklin. 

Passing rapidly now over Church's " King Philip's War," 
first printed in 1716, of which a beautiful edition has re- 
cently been added to " the New-England Library " by the Rev. 
Henry Martyn Dexter ; and John Dunton's " Letters from New 
England," in 1686, just printed for the Prince Society, from the 
original manuscript in the Bodleian Library, under the careful 
editorship of Mr. W. H. Whitmore, — we come next, in order of 
date, to the " Chronological History of New England " by the accu- 
rate and indefatigable Thomas Prince himself, whose first volume 
was published in 1736 ; and, who in 1755, began a second volume, 
of which only three serial numbers were printed before his death, 
in 1758. Then we have the valuable historical " Summary " of 
Dr. William Douglas, published in Boston, in numbers, the first 
of them in 1746-7 ; and the whole two volumes of which were 
completed in 1751. 

And now appears upon the scene, as an historian of Massa- 
chusetts, another of her colonial governors, whose name was so 
identified, justly or unjustly, with the Stamp Act, and others of 
those acts of British oppression which drove us to rebellion, and 
through rebellion to independence, that it long was held in too 
much of passionate abhorrence to allow of any justice being 
done to any thing he did or said or wrote ; but who, take him 
for all in all, did as much for the history of this his native State, 
and did it as well, as any man who has lived before or since. 
Let us not fail to do justice to his memory in this respect. 
Governor Hutchinson's first volume was published in 1764. 
The second volume, almost ready for the press, was in his house 
in Garden-Court Street, on the 26th of August, 1765, when it 
was so shamefully sacked and pillaged by a mob. Hutchinson, 



MASSACHUSETTS AND ITS EARLY HISTORY. 23 

as the mob approached, was engaged in bearing to a place of 
safety a beloved daughter who had refused to quit his side, and 
was thus compelled to abandon his precious papers to their fate. 
Every thing was destroyed, or thrown out of the windows ; and 
the scattered pages of this second volume of his liistory were 
left lying in the street for several hours in a soaking rain. But 
thanks to the care and pains of the Rev. Andrew Eliot, one of 
the servants, then and always, of the good God to whom we owe 
the marvellous preservation of those other and earlier manu- 
scripts of those other and earlier governors, all but eight or ten 
sheets were collected and saved ; and so much of them was still 
legible that, in spite of the muddy footprints of the Vandals who 
had trampled on them, the author was able to supply the rest, 
transcribe the whole, and publish it in 1767. Still a third volume, 
hardly less valuable than either, and written with an almost judi- 
cial fairness and a wonderful freedom from prejudice, consider- 
ing the treatment he had received, remained in manuscript for 
half a century after his death in 1780, and was only rescued from 
perdition, and published in 1828, through the persevering efforts 
of Mr. Savage, and other members of our Society. 

I must not forget that still another governor of Massachusetts, 
James Sullivan, the first President of our Society, early devoted 
his leisure from professional and public labors to the preparation 
of a history of his native Province of Maine, — then a part of 
Massachusetts, — and published it in 1795. I must not forget 
the excellent account of that great epoch in Massachusetts his- 
tory, commonly called " Shays's Rebellion," published in 1788 by 
George Richards Minot (the father of our venerable William) ; 
and followed, in 1798 and 1803, by two substantial volumes of 
the history of the province, from 1748 to 1765. I must not for- 
get either the really great work of one who was so long our 
Corresponding Secretary, and whose accomplished son, — who so 
well illustrates the idea of ancieift mythology, " one power of 
physic, melody, and song " — is announced among the lecturers 
of our course ; I mean the " American Annals " of the late Dr. 
Abiel Holmes, published in 1805, and abounding in dates and 
facts of Massachusetts and New England, as well as of National 
interest. Still less must I forget the elaborate History of New 
England, by the Rev. William Hubbard, an early minister of 



24 MASSACHUSETTS AND ITS EARLY HISTORY. 

Ipswich, completed in manuscript as long ago as 1682, but which 
it remained for this Society, with the patronage of the Legislature 
of Massachusetts, to publish for the first time as lately as 1815. 

Time would fail me, or certainly your patience would be ex- 
hausted, my friends, were I to attempt to speak, as I ought to 
speak, of all the more recent contributions and contributors to 
the historical illustration of our Commonwealth, and of New 
England ; of the Rev. John Eliot, and of Alden Bradford ; of 
Dr. Felt's Ecclesiastical History, and Governor Washburn's 
Judicial History ; of Drake's comprehensive and elaborate 
History of Boston ; of Quincy's Harvard University ; of Young's 
Chronicles of Plymouth and of Massachusetts, and of the 
Records of those old Colonies, edited by our worthy Mayor, Dr. 
Shurtleff ; of Mr. Savage's Genealogical History of New Eng- 
land ; of Tudor's James Otis ; of Richard Frothingham's Siege of 
Boston, and Life of Warren ; of Sabine's Fisheries and Loyal- 
ists ; of Dr. Holland's Western Massachusetts, and General 
Schouler's Massachusetts in the late Civil War, ^vith its 
admirable portrait of the lamented Andrew, and its vivid 
presentment of many of the stirring scenes through which we 
have so lately passed ; of the Life and Letters of John Adams 
by his distinguished grandson ; of Barry's Massachusetts ; of 
Bancroft's Colonial Period ; of Upham's recent and most inter- 
esting History of Witchcraft ; and of Palfrey's consummate and 
crowning work on New England, which may fitly complete 
the calendar, and which is worthy, I need not say, of far more 
than any mere passing commendation of mine. 

I have omitted, I doubt not, in this running catalogue, many 
names which deserve to be mentioned ; and I have said nothing 
of what has been done so well, in their Collections and Registers, 
by our sister societies of other States, and by kindred associations 
in our own State ; or of the numerous town histories, and church 
histories, which have been so faithfully written. But I have said 
enough to recall to your remembrance the fact, that while New 
England has furnished not a few able and brilliant historians 
and biographers for some of the great political and literary epochs 
of other lands, ancient and modern, and for some of the great 
statesmen of other parts of our own land, — in our lamented 
Prescott and Sparks and Felron, and in our living Ticknor and 



MASSACHUSETTS AND ITS EARLY. HISTORY. 25 

Motley and Parkman and Kirk, — her own history has by no 
means been neglected ; but that there has been a most striking 
succession of men, — many of tliem governors, judges, ministers, 
counsellors, men of renown, famous in their generation, — who 
have been moved, as by a common impulse, to keep the record of 
New England, and of Massachusetts in particular, and to illus- 
trate the history of their rise and progress ; some of whose 
works, like those of William Bradford and John Winthrop and 
Thomas Hutchinson, have come down to us under circumstances 
of almost romantic interest; and all of which together can hardly 
fail to leave the impression on a thoughtful mind, — I will not 
admit that it need be a superstitious mind, — tliat for good or for 
evil, for encouragement or for warning, for our glory or for our 
shame, that history was not destined to be lost to mankind. 

But I could not bfe forgiven, — I could not forgive myself, — 
were I to close without an allusion to one other name, which I 
have purposely reserved to the last, — the name of the Rev. Dr. 
Jeremy Belknap, the recognized founder of our Society, whose 
History of New Hampshire, in three volumes, published in 
1784, 1791, and 1792, and his two volumes of early American 
biography, published in 1794 and 1798, are full of importance 
to the work of which I have been speaking. Under his 
lead, our Society was organized in 1791, — to gather up the 
fragments, that nothing be lost, — composed of ten members, 
at the outset, increased to thirty, and afterwards to sixty in all, 
and now limited to a hundred members throughout the Common- 
wealth. Beginning their career upon the most economical scale; 
ordering their Treasurer, Judge Tudor, to buy " twelve Windsor 
green elbow-chairs, a plain pine table, painted, with a drawer 
and lock and key, and an inkstand ; " and with no resources but 
an assessment of two dollars a year upon each member, — they 
proceeded to collect papers and pamphlets and books, and to 
publish, scrap by scrap, as an appendix or a preamble to a maga- 
zine called " The American Apollo," whatever original manu- 
scripts, relating to New England, they were able to pick up ; 
the very first of these scraps having been published on the Gth 
of January, 1792, just seventy-six years ago to-morrow. In 
these latter years, the liberal and noble benefactions of Samuel 
Appleton and Thomas Dowse and George Peabody have added 



26 MASSACHUSETTS AND ITS EARLY BISTORT. 

greatly to their library and to their funds, and have enabled them 
to go on with their work more conspicuously and more confi- 
dently. But the enormous cost of printing, and the inadequate 
sale of their volumes, are serious impediments to their progress ; 
and this very course of lectures has been arranged, as a labor of 
love on the part of the members, not without at least a secondary 
view to eking out the insufficiencies of our treasury. 

Forty-five volumes of Collections and Proceedings have already 
been printed, — many of them containing papers of unspeakable 
importance and interest ; and some of them throwing a light upon 
the formation of our institutions, the establishment of our towns 
and schools, and the inner life of the earlier and later settlers of 
New England, which can be found nowhere else. Other papers 
of equal interest and value are awaiting the press. Without any 
very large addition to our resources, if it were only secured before 
some of our members, now in my eye, but whose names I forbear 
to mention, shall have lost the taste and the faculty for this sort 
of labor, our valuable manuscripts might be printed, and placed 
beyond the reach of accident, as fast as is desirable. And it is 
easy to suggest a legitimate and effectual mode of relief, — in the 
w,ider circulation and sale of our Collections, — if we could only 
accomplish its adoption. We cannot hope, indeed, that our 
volumes will find any great number of purchasers or readers, in 
competition with the illustrated poems or sensation novels, of 
which the tenth or the twentieth thousand are advertised in suc- 
cessive months. But there are more than three hundred towns in 
Massachusetts. In the public or social libraries of every one of 
them, there ought to be a complete set, or as complete a set as is 
still possible, of these Historical Collections. Everywhere we 
observe liberal men, residents or natives of these towns, found- 
ing, or endowing, or aiding these public libraries. If we could 
find enough of such liberal men, who, severally or jointly, would 
be responsible for placing sets of these Collections in only one- 
half of the town libraries, — and I know not what more appropriate 
New- Year's present could be made by any one to the place of 
his nativity, or of his winter or summer residence, — I should 
feel the greatest confidence, that we and our successors could go 
on, without let or hindrance, to continue the story of this noble 
Commonwealth in all its earlier, and in all its later, relations to 



MASSACHUSETTS AND ITS EARLY HISTORY. 27 

New England and to the nation at large, — "nothing extenuating, 
nor setting down aught in malice," but giving the truth, the 
whole truth, and nothing but the truth, after the manner and ex- 
ample of those who have preceded us. 

It is a work, my friends, which, you will all agree with me 
ought not to be left incomplete. We owe it to the memory of 
our fatliers, that no authentic account of their lives and labors 
should be lost. We owe it to our children, that the great ex- 
amples of piety and purity, of endurance and enterprise, of 
wisdom and patriotism and heroism, with which our earlier and 
our later annals abound, should be handed down to them in all 
the exactness of contemporaneous records. We owe it to our- 
selves not to be behindhand, at this day of our prosperity and 
abundance, in doing our share towards completing a history, which 
so many good and great men, under so many disadvantages and 
discouragements, have labored at so lovingly and so successfully, 
and which would almost seem to have been watched over from 
the beginning by a higher than human Power. 



NOTES. 
Page 5, Line 24. 



I am glad to say that, only six weeks after the delivery of this lecture, a colos- 
sal statue of Columbus, by an accomplished American artist (Miss Emma Stebhins), 
■which is described as " grand in its conception and beautiful in its execution," was 
presented to the Commissioners of the Central Piirk at New York, by the Hon. 
MiirshaU 0. Roberts, an eminent .and munificent mercluant of that city, and is im- 
mediately to be added to the decorations of that noble park. 

Page 16, Line 8. 

An accomplished and classical friend has reminded me that Herodotus (the old 
father of History), at the end of his last book (Calliope), makes Cyrus say : " iiMtiv 
yap iK Twv jidXaKuv JV'iipui' ndkaKoi^ uvdpa; yivtadai." 



I 



THE AIMS AND PURPOSES 



FOUNDERS OF THE MASSACHUSETTS COLONY. 



"Tantum Religio PoTtriT." 



By rev. GEORGE E. ELLIS, D.D. 



t 



THE AIMS AND PURPOSES 



FOUNDERS OF THE MASSACHUSETTS COLONY.i 



" Tantxjm Religio Potuit." 



I AM to speak of the Aims and Purposes of the Founders of 
the Colony, now the State, of Massachusetts. What were 
the ends and objects of their enterprise? what its motive and 
its design ? It ought to be easy for us to meet these questions 
with a full and sufficient answer. We have many and very 
distinct avowals from most of the leaders in that enterprise. 
From these, digested and harmonized, we might well expect to 
learn their real intent. And if it be suggested — as it often has 
been — that these avowals of theirs were not frank disclosures 
of their real motives, but were misleading or deceptive, designed 
to cover their secret purposes, which it would not have been 
safe or for their own ultimate success to reveal, then we have 
another means of reaching the truth. On the principle that 
actions speak louder than words, we have a sure interpretation 
of their motives in their deeds, in the course which they pursued, 
in the measures which they originated, in the records of their 
legislation and administration, and in their practical manage- 
ment of their affairs. 

If the views which are now to be presented have the warrant 
of truth, it will appear that there is no occasion for charging 
them with insincerity, or with secrecy; and that their avowed 
motives were put into their actions. 

1 Less than half of the matter of the following Lecture, with the authorities 
quoted in it, was read on its delivery. The extracts from documents on which its 
statements and arguments are based, are here printed at length. 



32 THE AIMS AND PURPOSES OP THE 

It may as well be stated distinctly, at the start, that I intend 
to controvert, or at least to qualify and correct, the current 
opinion, the so-called popular and generally accepted idea, of the 
motive of their enterprise. An error, of the sort defined as the 
suppression of the truth, has worked into our history. By some 
strange process, the key has been lost to modern use which alone 
can make it intelligible as a whole, and reveal the consistency 
of its parts. Inadvertence and misconstruction, rather than any 
intentional unfairness, have confused and mystified this subject. 

Dr. Palfrey, the latest, and incomparably the best, of our his- 
torians, — so thorough and able and trustworthy indeed, that 
there is no reason why he sliould not always be the last of them, 
— after rehearsing preliminaries, and bringing the founders of 
Massachusetts to these shores, gives us this sentence : — 

" As a corporation, the company had obtained the ownership of a large 
American territory, on which it designed to place a colony which should 
be a refuge for civil and religious freedom." ' 

But on the very preceding page the historian has quoted the 
words of Winthrop, the governor and master-spirit of the colony, 
as found in a beautiful little treatise, called " A Model of Chris- 
tian Charity," written by him on his ocean passage hither. 
These are the words : — 

" It is by a mutual consent, through a special overruling Providence, 
and a more than ordinary approbation of the churches of Christ the 
work we have in hand, to seek out a place of cohabitation and consort- 
ship, under a due form of government, both civil and ecclesiastical."'^ 

1 Hist, of New Eng., vol. i. p. 314. 

2 The spirit of earnest and gentle devoutness whicli runs through this little essay 
gires us an engaging revelation of the character of tlie writer. Tliougli it is anti- 
cipating a point to be more emphatically insisted upon by and by, another quotation 
from the essay may be introduced here. It will prepare us for a further dealing 
with more matter that is like it. 

" Thus stands the cause between God and us. We are entered into Covenant 
with Him for this worke. We have taken out a Commission. The Lord hath 
given us leave to drawe oirr own articles. We have professed to enterprise these 
and those accounts, upon these and those ends. We have hereupon besought Him 
of favour and blessing. Now if the Lord shall please to heare us, and bring us in 
peace to the place we desire, then hath hee ratified this covenant and sealed our 
Commission, and will expect a strict performance of the articles contained in it ; but 
if wee shall neglect the observation of these articles, which are the ends wee have 
propounded, and, dissembling with our God, shall fall to embrace tliis present world 



FOUNDERS OF THE MASSACHUSETTS COLONY. 33 

There is a wide discrepancy between tlie statement made by 
the historian and that made by the Governor. The variance is 
great even, as measured by words. — by words, which change 
their meanings witli time and use, and are charged with more 
or less of meaning according to the intelligence of readers or 
hearers. But far greater than the difference between the verbal 
statements is the variance in the substance and the matter of the 
two assertions. What Governor Winthrop so distinctly affirms 
about the intentions of his company, taken for what it signified 
at the time when it was written, conveys something amazingly 
different, wide apart, from the idea which those who read the sen- 
tence of Dr. Palfrey would draw from it. Now, the difference in 
the substance and purport of what goes respectively with those 
two statements, to my mind, corresponds exactly to the erroneous 
writing and reading of our early history, which has dropped out 
of recognition the real aims and purposes of the founders of 
Massachusetts, and substituted for them other motives and ends, 
avowed or secret. 

The difference between the Governor's " place of cohabitation 
and consortship, under a due form of government, both civil and 
ecclesiastical," and the historian's " place of refuge for civil and 
religious freedom," is, one may say, immeasurable by com- 
parison or contrast. The purpose which the Governor recog- 
nizes, positively and completely excluded every thing that is 
conveyed to us in the phrase used by Dr. Palfrey and by our- 
selves. We have civil and religious freedom in this State now. 
But what we have as such was not in the minds of the Fathers. 
They never designed it or planned for it. On the contrary, in 
view of their real intent and aim, the purpose which mastered 
and put them willingly and heroically to its service, what is 
civil and religious freedom to us, would have been to them a 
dread and woe. 

I might quote a long and suggestive series of statements from 
the pens of the ablest writers in Massachusetts, who have found 
occasion to give their own views as to the purpose and aim of 

and prosecute our carnal intentions, seeking greate things for ourselves and our 
posterity, tlie Lord will Surely breiike out in wratlie against us, be revenged of such 
a [sinful] people, and make us knowe the price of the breache of such a covenant." 
— Mass. Mist. Collections, xxvii. p. 46. 



34 THE AIMS AND PURPOSES OF THE 

the original colonists. My space restricts me here within narrow 
limits. 

Governor Hutchinson says, — 

" It was one great design of the first planters of the Massachusetts 
colony to obtain for themselves and their posterity the liberty of worship- 
ping God in such manner as appeared to them to be most agreeable to 
the sacred Scriptures. — Upon their removal, they supposed their relation 
both to the civil and ecclesiastical government of England, except so far 
as a special reserve was made by their charter, was at an end, and that 
they had right to form such new model of both as best pleased them." ^ 

Judge Story says, — 

" The fundamental error of our ancestors, an error which began with 
the very settlement of the colony, was a doctrine which has since been 
happily exploded ; I mean the necessity of a union between church and 
state. To this they clung as to the ark of their safety."^ 

This error is what we see. The colonists found in it their 
obligation and motive. 

Mr. Quincy says the colonists did not come here " to acquire 
liberty for all sorts of consciences, but to vindicate and maintain 
the liberty of their own consciences. They did not cross the 
Atlantic on a crusade in behalf of the rights of mankind in 
general, but in support of their own rights and liberties." ^ But 
all depends upon the view which the colonists had of the extent, 
nature, and use of " their own rights and liberties." 

There are those who charge themselves with the responsibility 
of defending and vindicating the Fathers of Massachusetts, alike 
against censures and assertions which are perfectly true, as well 
as against aspersions and slanders which are false and malig- 
nant. Their defence in either case is made difficult, and always 
will be unsatisfactory and insufficient, unless we start fairly with 
an understanding of their real motive and design. This may 
prove, on the search, to have been one of such a nature, such 
an inspiration, that they shall need no vindication or apology 
for having been guided by it. It may prove that, in the light 
and under the sway of a supposed obligation which furnished 

1 History, toI. i. pp. 368-9. 

2 Commemoration of the Settlement of Salem. 

3 Address : Second Century of Boston. 



FOUNDERS OF THE MASSACHUSETTS COLONY. 35 

them their enterprise, they will as little need to be relieved of 
any censure for what they did to others, or to each other, in 
attempting to accomplish it, as to be condoled with, pitied, or 
wept over for the stern sufferings to which they subjected them- 
selves in pursuit of their great aim. 

The attempts which are made to vindicate the Fathers of 
Massachusetts — to extenuate their errors, to reduce or apologize 
for their harsh spirit and their severe and, to us, cruel dealings 
— do not reach to the bottom of the matter ; they are not suc- 
cessful; they are not consistent with truth. By some strange 
oversight, many of their descendants have failed to inform them- 
selves how they may wisely deal with criticisms and censures 
visited upon an ancestry whom they feel bound to defend. On 
no subject dealt with among us, in lectures, orations, sermons, 
poems, historical addresses, and even in our choice school litera- 
ture, has there been such an amount of crude, sentimental, and 
wasteful rhetoric, or so much weak and vain pleading, as on 
this. Those old forefathers who are thus patronized, flattered, 
and stood for, if they could listen to or read what is thus offered 
in their behalf, would themselves repudiate the larger part of it. 
They would feel aggrieved equally, perhaps, by their champions 
as by their defamers. The root of the whole error, common alike 
to those who censure and those who defend those ancient 
Fathers, is in the assumption that they came here mainly to seek, 
establish, and enjoy liberty of conscience ; that this was their 
inspiration, their motive, their aim. Their assailants and their 
defenders both agree, in the main, in asserting or allowing this ; 
and they are both wrong. 

Starting from this assumption, their assailants proceed to say, 
that these Fathers very soon showed that it was only liberty of 
conscience, and that a very peculiar conscience, of tlieir own, which 
they sought for, — liberty to indulge their own notions and 
intolerant spirit; that they at once became the relentless per- 
secutors of every opinion and belief varying from their own, and 
stopped at no severity or cruelty in repressing and punishing 
every form of dissent; imprisoning, banishing, whipping, fining, 
mutilating, and hanging all who questioned their ways. They 
did all these harsh and cruel things. They were deadly enemies 
of every form of what they called heresy; and some free- 



36 THE AIMS AND PURPOSES OF THE 

thinking, if they could have reached it, they would have regarded 
as punishable as some free-speaking. They restricted the right 
of citizenship, in the franchise, — the right of choosing and of 
being chosen to ofHoe, — to those who had accepted their reli- 
gious covenant and become church-members. They not only 
punished strangers and interlopers coming into their jurisdiction 
whose ways and opinions ofl'ended them ; but they also pro- 
ceeded, almost to the last penalties of their rigid code, against 
a succession of men and women in their own religious fellow- 
ship, who raised strife or dissent. They even fettered themselves 
by disabling covenants and compacts, and bound themselves in 
severe subjection to tests and obligations of the sternest sort; 
willingly renouncing a large measure of that liberty which we 
so naturally exercise. 

These, certainly, were strange doings for men and women 
professing liberty of conscience, self-exiled for the purpose of 
providing a safe harborage for it. If they did all these things 
by a rule of their own opinionativeness, measured by a standard 
of their own devising, with no appeal, outside of themselves, to 
an authority held by them as equally supreme for their own 
guidance and that of all others, — their course would indeed 
present the most marvellous phenomenon in history. If they 
had intended to afford such an asylum, and had in writing or in 
spoken word avowed it, one would have thought that the first 
instance in which they violated or impaired it, would have 
opened their eyes to the marked and glaring inconsistency of 
their course. At any rate, how easy would it have been for the 
first victim of their intolerance to have quoted their own pro- 
fessions against them! — an opportunity never availed of from 
first to last by any one of their victims, for the very excellent 
reason, as we shall soon see, that the founders of Massachusetts 
had made no such professions, but were consecrated to an enter- 
prise so pledged and constrained in itself that it would not have 
admitted of any laxness. 

The simple truth is, that the founders of Massachusetts never 
professed or promised any thing that is implied to us in the 
phrase " liberty of conscience." After having read every thing 
that I know of as extant in print, or manuscript, from the pens 
of those exiles, I feel justified in stating positively that they did 



FOUNDERS OF THE MASSACHUSETTS COLONY. 37 

not come here to seek, nor even to indulge themselves in, 
" liberty of conscience," — in any thing like the meaning which 
that phrase has to us. We mislead ourselves when we assert or 
allow that they recognized any thing of the sort. Not a single 
sentence can be quoted from any one of them committing them 
to it. You may find the words, the phrase, in their writings, 
often repeated and very emphatic; but when it is used to express 
any thing of what we mean by it, that thing is sternly repudi- 
ated ; and when the phrase is a part of their own vernacular, it 
covers something which is only a part of a much larger whole, 
and which defined rather a limitation, a subjection, than an 
enfranchisement, of natural liberty. We must not put our 
meaning into their phrase, but their meaning. 

It can hardly be necessary to avert here the suggestion of a 
quibble or a cavil, to the effect that these self-exiled colonists 
were still exercising that same free will and private judgment, alike 
in what they renounced and in what they accepted and pledged 
themselves to believe and do, — which practically defines liberty 
of conscience. The subject of a Jesuit novitiate may exercise 
that " liberty" in putting himself under a rule which henceforth 
binds him to forego it. If, as I shall attempt to show, the 
Fathers of Massachusetts felt, avowed, and put themselves under 
the sway of, an obligation to an external rule, which overbore 
henceforward the exercise of any natural freedom for changing 
or qualifying their allegiance and subjection to it, then it would 
seem that we should bring them before us rather as the awed 
and pledged subjects of a yoke to which they had submitted 
themselves, than as free rovers not as yet persuaded to what 
they should commit themselves, if to any thing or to anybody. 
They certainly were not " fancy-free." 

Every conception which those men had of liberty, civil or 
religious, was of something subjected to the sway and restraint 
of law, — a qualified, dependent, conditioned, and reduced * 
freedom. Liberty under law was their motto, and it depended 
upon the nature and the quality of the law to decide the nature 
and the quality of the liberty. In any province or exercise of 
liberty, they recognized, frowning or presiding over it, some 
symbol or dispensation of authority. 

In a great controversy rising here in the Court from a small 



38 THE AIMS AND PURPOSES OP THE 

occasion, in 1645, and leading to what is called " the impeach- 
ment " of Winthrop, then Deputy Governor, he made an 
admirable speech, in which we find him giving his idea of 
liberty as follows: — 

" For the other point concernitig liberty, I observe a great mistake in 
the country about that. There is a twofold liberty, — natural (I mean as 
our nature is now corrupt) and civil or federal. The first is common to 
man with beasts and other creatures. By this, man, as he stands in 
relation to man simply, hath liberty to do what he lists ; it is a liberty to 
evil as well as to good. This liberty is incompatible and inconsistent 
with authority. The exercise and maintaining of this liberty makes men 
grow more evil, and in time to be worse than brute beasts : omnes sumiis 
liceiitia deteriores. This is that great enemy of truth and jieace, that 
wild beast, which all the ordinances of God ai-e bent against to restrain 
and subdue it. The other kind of liberty I call civil or federal ; it may 
also be termed moral, in reference to the covenant between God and 
man, in the moral law, and the politic covenants and constitutions amongst 
men themselves. This liberty is the proper end and object of authority, 
and cannot subsist without it ; and it is a liberty to that only which is 
good, just, and honest. This liberty you are to stand for, with the hazard 
not only of your goods, but of your lives, if need be. Whatsoever 
crosseth this is not authority, but a distemper thereof. This liberty is 
maintained and exercised in a way of subjection to authority ; it is of the 
same kind wherewith Christ hath made us free." ' 

De Tocqueville, in his " Democracy in America,"^ quotes the 
above, and describes it as a " fine definition of liberty." 

Of liberty of conscience, either as an abstraction or as an abso- 
lute right, they with whom we are dealing had no conception, 
as of a good thing. Certainly, they had no respect for it, no 
confidence in it. They would have dreaded it beyond our 
power in these days to imagine. They had begun to see around 
them, in their native England, the threatenings of some of the 
effects and results of just what we mean by liberty of conscience, 
'and they shuddered at them. Their dread of those consequences 
was one of the satisfactions which they afterwards found in 
their exile. It would be much nearer to the truth, — indeed, it 
is the truth itself, — and it would be truer to all the facts of the 
case, to the integrity of history, and to the right use of terms 

1 Life and Letters, vol. ii. pp. 340, 341. 

2 Bowen's ed., vol. i. p. 52. 



FOUNDERS OF THE MASSACHUSETTS COLONY. 39 

which get changed in their import and burden, to say, frankly 
and boldly, that our Fathers came here to get away from, to get 
rid of, such liberty of conscience, as to them a hateful, pernicious, 
and ruinous thing, sure to result in impiety and anarchy. They 
did not claim it for themselves, except under a restriction and 
limitation, soon to be defined, which would render the claim 
almost nugatory in our view of it. They would have shuddered 
at indulging themselves in what is now known as such liberty. 
To have expected them to approve of it in others, and to provide 
for it, would be an absurdity. It was the one horrid, dreaded 
bugbear of their fancies, — the one proscribed iniquity of their 
religion. A conscience free, in our loose sense of the word, 
would have been to them far worse than no conscience at all. 

Attracted as I was, years ago, to the study of their enterprise, 
as one of the most striking episodes in the world's annals, con- 
sidering what great and marvellously prospered issues have 
come from it, I soon learned, that the fulsome panegyrics and 
the sentimental rhetoric spent upon those stern old Fathers, 
were worse than wasted ; that the superficial way in which their 
history has been read and referred to, was introducing misrepre- 
sentation and misunderstanding ; and that they had become the 
subjects of false praise and of unjust censure, the joint product 
of which had come to be visited .upon them in the form of a 
facile and flippant ridicule. No one among the living genera- 
tion here, native or alien, is called upon to undertake their 
championship in terms which will vindicate their superstitions 
or their severities, or which will cover an approbation of the 
fundamental principles assumed or adopted by them. They 
are, however, justly entitled to be set forth in the light of their 
own age, under the guidance of their own sincere convictions, 
and with an intelligent, truthful recognition of their master- 
motive, which was as lofty a one as has ever engaged sages, 
philanthropists, or saints in any earthly enterprise. It is painful 
to any one who, inheriting their blood and sharing the blessings 
of their sufferings and labors, is also versed in their history, to 
hear them either falsely praised or unfairly criticised, ridiculed, 
and maligned. In the mixtures of populations in our northern 
cities, and in the spirit of religious partisanship which is rife 
among us, those who are very glad to avail themselves of the 



40 THE AIMS AND PURPOSES OF THE 

freedom and thrift of our Puritan heritage, often allow them- 
selves to speak contemptuously and derisively of the original 
colonists. What has come of their enterprise and institutions, 
is found to be desirable by all who share in it ; but not only 
gratitude, truth itself, is often forgotten in the enjoyment of the 
inheritance. The story of the intolerance of the colonists is 
curtly told in epigrams and stinging jests. Their grim and 
morose manners, their superstitions, austerities, and cruel enact- 
ments are enlarged upon. Some of their lineal progeny give 
them over to travesties and railleries of liffht and bitter tongues. 

Any thing that could be viewed as a defence or vindication 
of them ; any thing, even, which, falling short of that, would 
claim for them an average measure of intelligence and common 
sense, — must be given over, if it takes in the fancy that these old 
Fathers had main regard for what we mean by liberty of con- 
science, or by civil freedom. 

Read their history searchingly, penetrate to the motives and 
convictions of the men and women themselves, and the truth 
will reveal itself to you, that never was there in this world a com- 
pany of persons who, individually and in their joint fellowship, 
held their consciences as subject to a more constraining obligation 
than they did theirs. I never find any one of their pleas or 
avowals alleging a claim to, or an exercise of, liberty of con- 
science, which fails to qualify it by a recognition of their subjec- 
tion to a Scripture rule, ia indulging themselves in that liberty. 
Thus, in the Humble Petition and Address of the General Court 
to Charles II., in 1660-1, Endicott being governor, they say: " Our 
liberty to walk in the faith of the Gospel, with all good conscience, 
according to the order of the Gospel, was the cause of our trans- 
porting ourselves," &c. 

A rule, or mastery, which they accepted over their consciences, 
became to them, in fact, a substitute for conscience. You must 
look behind, deeply below, this pretence of freedom of conscience, 
in the ordinary use of the phrase, for the influence, the sway, the 
conviction, the purpose, aye, the inspiration, which moved them. 
They were the last men in the world to trust to a natural con- 
science. They were a covenanted people. The Puritan Bible 
was the Lord of their consciences ; and they put themselves under 
the most implicit and unlimited subjection to what they owned 



FOUNDERS OF THE MASSACHUSETTS COLONY. 41 

as its just authority over them. True, it may be said they fol- 
lowed their individual consciences, and allowed them exercise in 
approving and putting themselves under a rule, which, for them, 
represented a supreme authority. But, in so doing, they under- 
stood that they parted with what others, " uncovenanted," miglit 
regard as their liberty. Their Bible training had preoccupied and 
restricted their freedom. Their opinions, their motives, their 
actions, their laws, their institutions, were all restrained — we 
should say, hampered — by their religious belief, reducing their 
natural freedom within rigid limitations. We may in these days 
of ours question the reasonableness of that belief of theirs; and 
we may deny that the Bible has the kind and degree of authority 
over the natural conscience which they assigned to it. But these 
are our opinions, not theirs; and in order to see and know them, 
we must get into their atmosphere. The fact is, that a con- 
science in subjection to a severe rule, and not a free conscience, 
guided them. So little did they think of what they might do, 
if they indulged their own notions and speculations, that their 
whole earnestness of purpose was concentrated in putting them- 
selves under a disabling restriction of their own wills and wishes. 
The free exercise of their individual consciences would have 
divided them in opinion, and prevented any harmony of action. 
Only as they consented to forego i^idividualism in speculation 
and belief, through a common conscientiousness subjecting them 
to the rule of the Bible, could they walk and act together. 

I will endeavor to state, in a plain way, the simple and 
authentic truth, whicli will furnish the key to the motives and 
intent of the colonists. 

Certain proprietary rights and privileges on land and water, 
in a region defined as Massachusetts Bay, had been secured by 
royal charter to a trading company of adventurers in England. 
Twenty patentees were named as constituting that company ; 
viz., a governor, a deputy governor, and eighteen assistants, — 
seven beside the governor and deputy governor being a quorum 
for business. The company, by its charter, could make as many 
more persons free of it, freemen, so called, — that is, members or 
partners, voters, proprietors, — as they pleased, and on such 
terms, conditions, and qualifications as they pleased. Tiie com- 
pany had absolute jurisdiction over its territory; and tlie charter 



42 THE AIMS AND PURPOSES OP THE 

gave it full powers of legislation and administration, subject only 
to accordance with the laws of England. The charter provisions 
for this power and these rights are explicit, full, and emphatic. 
To the company was given "full and absolute power and autho- 
rity, to correct, punish, pardon, and rule" all English subjects 
that should at any time adventure to, or inhabit within, the pre- 
cincts of its jurisdiction ; and, " for their special defence and 
safety, to encounter, expulse, repel, and resist by force of arms, 
as well by sea as by land, and by all fitting ways and means 
whatsoever, all such person and persons, as shall at any time 
hereafter attempt or enterprise the destruction, invasion, detri- 
ment, or annoyance to the said plantation or inhabitants." 

Here, certainly, was a large franchise, with broad privileges 
and well-fortified rights. Yet nothing short of all this would 
have secured the enlistment of able and well-disposed men 
in an enterprise that stood out alone hopefully among many 
similar enterprises in those days which had disastrously failed. 
The company needed all that the charter pledged to it by 
the royal seal : the right of self-administration ; of deciding and 
imposing the terms on which it would admit free associates, 
who might advance or ruin its schemes ; legal rights over its 
jurisdiction; and power to punish, expel, and thwart the designs 
of all who might threaten or practise harm or annoyance to it. 

Certainly the question may be raised, and a very vigorous and 
equal-handed discussion may be maintained upon it, whether the 
three provisions in their charter, on which they insisted so 
strenuously, and with their own self-favoring interpretation of 
them, — the absolute jurisdiction of the soil, the authority to 
define their own terms for admitting freemen, and the right to 
drive out those whose presence troubled them, — allowed of the 
strained use and application to which the proprietors applied 
them. It is to my purpose, however, only to accept the fact, that 
the authorities did so interpret those provisions, and did, in the 
open face of day, act upon such interpretations. This they did, 
not only in their secret confidences with each other, but equally 
in public avowals. They could not expect to make a secret of 
their pretensions, not even of their bold denial of a right of appeal 
from them to English courts ; for there was almost a worn track 
and highway on land and sea, between the Massachusetts court 



POUNDERS OP THE MASSACHUSETTS COLONY. 43 

and those courts, made by complainants. Indeed, even to the 
last death-struggle of the authorities to retain their charter 
against commissioners and against Charles II., they stood 
stoutly to their first construction of it. 

It was probably intended and expected, though not a word 
was covenanted or intimated to that effect, that the company 
and its charter should remain and be administered in England; 
vessels and servants being sent hither to fish and trade. As to the 
legality of its transfer by charter and local government to this 
spot, it is not within the scope of my lecture to argue or pro- 
nounce. Nor is any discussion of that matter needful here and 
now. For, as we have seen what powers of local jurisdiction 
the charter assured to the company, it would seem that its offi- 
cers might have done, through their resident agents here, sub- 
stantially what, and all that, they did when they were established 
in their jurisdiction. They could make laws for all vi'ho were 
living here; they could admit or reject at their pleasure, and on 
their own terms, any who sought to vote in their affairs ; and 
they could warn off and drive out intruders. Had the charter 
and administration never been transferred, the company would 
still have had rule here. 

A merely mercenary spirit, bent on pecuniary gains, had, in 
the main, guided the company in its origin, as it had similar 
patentees corporated by prior grants and charters. But there 
were in its membership men strongly swayed and leavened by 
Puritanism ; and the extraordinary excitement, the religious 
fervor, and the civil and political agitations of the crisis in Eng- 
land, — fast working towards civil war and revolution, — in- 
creased and strengthened that influence. While Endicott at 
Salem, with a body of associates and servants, was acting as 
local governor and agent of the company, and receiving his in- 
structions from the charter administration in England, we find 
the following entry on the original records, — of matter of busi- 
ness, as the company was assembled in its General Court, at the 
house of its deputy governor, Thomas Gofl', in London, July 28, 
1629: — 

"Mr. Governor (Cradock) read certain propositions conceived b_y liim- 
self ; viz., that for the advancement of the plantation, the inducing and 
encouraging persons of worth and quality to transport themselves and 

2 



44 THE AIMS AND PURPOSES OP THE 

families thither, and for other weighty reasons therein contained, to 
transfer the government of the plantation to those that shall inhabit 
there, and not to continue the same in subordination to the company here, 
as now it is. This business occasioned some debate : but by reason of the 
many great and considerable consequences thereupon depending, it was 
not now resolved upon ; but those present are desired privately and 
seriously to consider hereof, and to set down their particular reasons in 
writing jwro and contra, and to produce the same at tlie next General Court ; 
where, they being reduced to heads, and maturely considered of, the com- 
pany may then proceed to a final resolution thereon ; and in the mean time 
they are desired to carry this business secretly, that the same be not 
divulged." 

For any thing we know to the contrary, this significant prop- 
osition, as well as the purpose which it proposed, may have 
originated in the mind of Governor Cradock. That it does not 
appear to have surprised or at all displeased some of those, at 
least, who heard it as " conceived by himself," would indicate 
that preparation had been made for its bold utterance, and for 
its entry upon the records, by previous suggestion and consulta- 
tion. At any rate, the purpose of transferring the ciiarter and 
government was not of a sort to have been born full-shaped for 
the occasion of its public utterance, on the spur of a moment. 
The matter was made the especial business of the Court at a 
meeting a month afterwards ; the point under consideration 
being, " to give answer to divers gentlemen intending to go into 
New England, whether or no the chief government of the plan- 
tation, together with the patent, should be settled in New Eng- 
land or here." Committees were appointed representing both 
alternatives, with liberty to get advice and opinions from others 
not belonging to the company ; and they were to prepare their 
respective arguments, from which a report might be digested for 
the General Court the next day. The deliberateness of the method, 
and yet the short time allowed for the decision, is another indica- 
tion of much previous conference. The decision was made on 
the next day, August 29, when, after a hearing of reasons on 
both sides, and a long debate, the question was called for, 
whether the patent and the government be transferred, " so as it 
may be done legally." By erection of hands, it appeared by 
the general consent of the company, that the transfer should be 



FOUNDERS OF THE MASSACHUSETTS COLONY. 45 

made ; "and accordingly an order to be drawn up." At the Court 
held on September 29, following, the orders above agreed upon 
having been read, further decisive action was deferred, on account 
of the absence of some of the leading assistants, who had been 
at the previous meetings. But in the mean while some prelimi- 
nary measures were provided for, especially " to take advice of 
learned council, whether the same may be legally done or no." 

At the meeting of the General Court, October 15, — at which, 
significantly, Mr. Jolm Winthrop, and some others of like spirit, 
appear for the first time, — the transfer, and arrangements inci- 
dental to it, were fully decided. On the 20th of the same month, 
a General Court was held, for the purpose of choosing new officers 
of the company, with reference to tlie enterprise agreed upon, as 
neither the governor nor the deputy intended to go over at that 
time. Mr. John Winthrop, " both for his integrity and sufficiency," 
was chosen governor, and Mr. John Humphrey deputy ; but as the 
latter, when the time for embarkation came, was to stay behind, 
Thomas Dudley was put in his place. One other entry on the 
records must be copied here. At the Court on November 25, — 

" Upon the motion of Mr. White, to the end that this business might 
be proceeded in with the first intention, which was chiefly the glory of 
God ; and to that purpose, that their meetings might be sanctified by the 
prayers of some faithful ministers, resident here in London, whose advice 
would be likewise requisite upon many occasions, — the court thought fit to 
admit into the freedom of this company Mr. Jo: Archer and Mr. Philip 
Nye, ministers here in London, who being here present kindly accepted 
thereof. Also Mr. White did recommend unto them Mr. Nathaniel 
Ward, of Standon." ' 

This last extract must convey to us all that it reports, all that 
it suggests, and a great deal more also. It gives us explicitly a 
fragment from a history which we have the means of setting into 
a more full narration. A change had evidently passed upon the 
Massachusetts Company, — a change in purpose, aim, and 
membership. So far as its business proceedings had now come 
to embrace a prayer meeting, the token is a reminder of much 
beside. Some of the preparatory agencies which wrought to the 
result may be indicated. When Deputy Governor Dudley had 

1 Court Kecords, vol. i. pp. 49-63. 



46 THE AIMS AND PURPOSES OP THE 

got a rude cottage for himself here, less than a year after his arri- 
val, he addressed a letter, of singular interest and pathos, to the 
Countess of Lincoln, the mother of the wife of Isaac Johnson, 
his associate. In this letter he says, — 

" Touching the plantation which we have here begun, it fell out thus. 
About the year 1627, some friends, being together in Lincolnshire, fell into 
discourse about New England, and the planting of the Gospel there ; and, 
after some deliberation, we imparted our reasons, by letters and messages 
to some in London and the west country ; where it was likewise deliber- 
ately thought upon, and at length, with often negotiation, so ripened," &c., 

as to result in the procuring of the royal charter, and in the 
plantation. These " Boston men," so called, reinforced the funds 
of the company. It was the coming in of the religious spirit 
into the business plans, by the new membership of the company, 
which alone induced the transfer of the charter and the govern- 
ment. In the little treatise of Winthrop, written on the Atlantic 
Ocean, already quoted, he says, " We are a company professing 
ourselves fellow-mernbers of Christ." Some links out of the 
chain which connected the trading company with the religious 
colony, were wanting, until the recent discovery of a large mass 
of the papers of Governor Winthrop revealed to us certain night 
rides, secret consultations, and deliberate negotiations, weighing 
of arguments and devotional exercises, which brought him into 
membership of the company, committed him to its bold and 
consecrated enterprise, and led to his choice, as its all sufiicient 
leader. 

Nearly at the same time on which the valuable mass of 
" Winthrop Papers " came to light in New London, Conn., con- 
taining, among others, the governor's autograph copy of that 
significant document called " General Considerations for the 
Plantation in New England," &c., John Forster, Esq., published 
in London a biography of that noble patriot Sir John Eliot. 
The Hon. R. C. Winthrop having published the above named 
document in the " Life and Letters" of his ancestor, with the 
reasons for assigning the authorship to him, had shortly after- 
wards noticed an allusion by Mr. Forster, to a paper found among 
Eliot's, alluding to New-England colonization. The Earl of St. 
Germans, a descendant of Eliot, on being applied to by Mr. 
Winthrop, kindly sent to our Society a transcript of the paper, 



FOUNDERS OP THE MASSACHUSETTS COLONY. 47 

which proved to be a copy, with some variations, of the " Con- 
siderations." It was made by Eliot himself, in the Tower, to be 
sent to his illustrious compeer, John Hampden. We have now 
four copies of that important document which did such service 
of a religious sort in our enterprise.' 

The enterprise was eminently one which was originated, con- 
trolled, and guided by a leadership. It had favorers, coadjutors, 
subordinates, sympathizers, and servants; but its aim, its quick- 
ening motive, and its inspiration, came from a very small 
number, perhaps from only half a score of persons, — its master- 
spirits. These devised and purposed; they bore the sacrifices and 
renewed the pledges of self-consecration under dark and discour- 
aging aspects. They furnished in council the practical wisdom 
adapted to the development of the scheme, and its only security 
in emergencies. They were men who could confide in each 
other. 

I feel justified in adopting Winthrop as my chief authority 
and guide in interpreting the motives of his associates for whom 
he speaks, as well as for his own. The crisis in the affairs of the 
company in England was marked by his coming into it, and his 
coming in brought in a religious intensity in its purposes. He 
was himself at the time under deep religious impressions. The 
colony for the twenty remaining years of his life was more in- 
fluenced by him than by any other person, alike in its civil and 
religious administration, — not excepting even Cotton. We 
have more full and frank disclosures and avowals from his 
pen, than from all others of his associates. These are cogent 
reasons for implicit trust in him. 

It was the working of the religious leaven in the company 
which ensured the end of colonizing by the transfer of the gov- 
ernment. Such members of the company as had no heart or 
zeal for the work, dropped out of it ; and new members were, for 
its new consecration, drawn into it. Friends and well-wishers 
in the kingdom, not belonging to it, nor intending to join it, 
made generous and valuable gifts to it, because of its new 
designs. 

The counsellor of the company, Mr. White, who had procured 

1 Historical Society Proceedings, 1864-5, pp. 413, &c. 



48 THE AIMS AND PURPOSES OF THE 

the drafting of its charter, and by whose calculation or foresight 
it may perhaps have been contrived, that neither London nor 
any other place was specified for its local administration, had 
certified to the legality of its transfer. Had the intent been 
known by the English authorities, — we are not certain that it was 
not known, — the transfer would perhaps have been prevented. 
Had those authorities been privileged with a prevision of what 
was to come from establishing the charter here, they certainly 
would have retained it in England ; in fact would never have 
allowed it to have passed the seals. 

Coincidently with the departure of the colonists, the Rev. Mr. 
"White, of Dorchester, the chief prompter of the enterprise, pub- 
lished his " Planters' Plea," in explanation and justification of it. 
In this, he says, — 

" I should be very unwilling to hide any thing I think might be fit, to 
discover the uttermost of the intentions of our planters in their voyage 
to New England ; and therefore shall make bold to manifest, not only what 
I know, but what I guess, concerning their purpose. As it were absurd 
to conceive thej' have all one mind, so were it more ridiculous to imagine 
they have all one scope. Necessity may press some ; novelty, draw on 
others ; hopes of gain in time to come may prevail with a third sort : but 
that the most, and most sincere and godly part, have the advancement of 
the Gospel for their main scope, I am confident. That of them some may 
entertain hope and confidence of enjoying greater liberty there than here 
in the use of some orders and ceremonies of our church, it seems very 
probable." 

The chosen leader of the enterprise was a providential man ; 
and from that hour till his death, twenty years after, he was its 
hero and its saint. The members of that transported trading 
company, represented by its officers, its freemen, and their ser- 
vants, present themselves on this side of the great dreary ocean, 
as a band of religious exiles. They appear in, they assume, that 
character, at once. As such they prayed together under a huge 
forest tree, and recognized the consecration of their enterprise. 

And what was it ? Now, in place of that silly fancy that they 
were seeking to provide a refuge for freedom of conscience, let 
us substitute their real inspiration and aim. Liberty of con- 
science, in our full sense of the phrase, was preparing to assert 
and exercise itself in England, at the time of their exile ; and it 



FOUNDEUS OP THE MASSACHUSETTS COLONY. 49 

was this fact, with " the prophaneness " and " disorder " there fer- 
menting, whieh frightened our Fathers away from their tlear old 
home. We have a multitude of queer books and pamphlets, 
the relics of those days, — quaint, odd, wild, eccentric, in their 
contents, gleaming here and tiiere with grand and startling truths, 
and proving fully this allirmation, that there is not a cobweb nor 
a fancy, a notion nor a theory, a conceit nor an opinion in any 
living brain to-day, in Boston, whieh was not soon after the emi- 
gration held and avowed then and there. And this positive 
statement, if it does not exhaust, at any rate puts to trial, the 
utmost power of language. These dreams and heresies of vis- 
ionaries, mystics, and bold thinkers, were, as we shall note by and 
by, especially and painfully odious to those from whom we 
inherit this Commonwealth. They wanted to get away from all 
such hateful license, and to find protection from its risk in a 
pledged and covenanted purpose. The Fathers of Massachusetts, 
parting with their lands and houses at home, finally, with no 
intent of return, once for all, agreed by a most solemn compact 
at their own charges, and by an investment of all their worldly 
goods, to avail themselves of their charter rights over the terri- 
tory covered by their patent, to try here an experiment, which 
seemed to them alike noble, practical, and religious. 

And here I must avail myself of the privilege indulged to one 
who, in a historical review, infers from results and developments 
the nature of the primary causes and motives which originated 
and guided them. From the frank and earnest and reiterated 
avowals of the leaders and the master-spirits of the enterprise, 
and from their steadfast purpose and aim manifested in all their 
subsequent measures, plans, legislation, and administration, I 
infer the design which they had in view. I should have a right 
to draw such an inference, if I had to do it solely as an interpre- 
ter of actions, without any avowals of a direct sort to aid me. 
But these avowals in words are not wanting, and they are in full 
harmony with the deeds done. It is not necessary, to assure the 
position which I take, that I should be held to show that, if the 
question of purpose and motive had been put to each and every 
party to this enterprise, including all its subordinates and ser- 
vants, he would have answered as I answer for its leaders. 
Even the leaders may not all have seen the full shape of their 

4 



50 THE AIMS AND PURPOSES OF THE 

vision. But I have no misgiving as to what it was. The enter- 
prise was no hap-hazard experiment in drifting, no waiting on the 
lucif of events. The serious earnestness with which it was 
undertaken, corresponds to the resolute purpose with which it 
"was pursued by them. 

Their lofty and soul-enthralling aim — the condition and 
reward of all their severe sufTi-rings and arduous efforts — was 
the establishment and administration here of a religious and 
civil commonwealth, which should bear the same relation to the 
spirit and the letter of the whole Bible that the Jewish common- 
wealth bore to the Law of Moses. This was the significance 
and purport of the remarkable words written by Governor 
Winthrop, on his passage hither, " to seek out a place of cohabi- 
tation and consortship, under a due form of government, both 
civil and ecclesiastical." The difference between the aim so 
defined and the providing " a refuge for civil and religious free- 
dom," will appear as we go along. An experiment was to 
be put on trial here which, even we must say, had a right to 
be tested, and which was worthy of being tested; but which 
was regarded by our Fathers as holding them under a con- 
secrated obligation to commit themselves to it. They organized 
here a body politic, aU whose laws, functions, and institutions 
had rigid reference to their one supreme aim. Their own con- 
sciences were held under thrall by it, and were free only in one 
direction of obligation to it, — that of whole-souled and life- 
lasting loyalty to it. Two misgivings or fears, uiul only two, 
were known to them: first, that they theraselvcs, by fault or 
infirmity, might fail of fidelity to it; or, second, tiiat it should 
be brought under peril from the wickedness or waywardness of 
any who might creep in or start up among them. Against the 
first danger, they sought security under a solemnly pledged 
agreement and covenant, binding themselves to each other and 
to God. Against the second risk, they believed they could pro- 
tect themselves under their cliarter, by choosing only such 
associates as they desired, and on their own terms, and by 
exercising their royally sealed authority to resist, thwart, punish, 
and drive out every one who might oppose or annoy them. 

Mark the qualification in the statement just made, — that the 
projected religious commonwealth was to be founded and ad- 



FOUNDERS OP THE MASSACHUSETTS COLONY. 51 

ministered by the Bible, the whole Bible, not by the New 
Testament alone. If, as Christians, they had adopted what is 
generally held in these days as to the substantial substitution 
of the New Scripture for the Old, their whole creed and rule 
and legislation would have been different. But they revered 
and used and treated the Holy Book as one whole. A single 
sentence from any part of it was an oracle to them : it was as a 
slice or a crumb from any part of a loaf of bread, all of the same 
consistency. God, as King, had been the Lawgiver of Israel : 
he should be their .Lawgiver too. They had found so little 
satisfaction under the legislation of men, that they longed to put 
themselves under the legislation of the Deity. Israel, as a 
commonwealth, had been administered by his statutes : those 
same statutes should bind their consciences, ratify their laws, 
and rule their lives. They would make the support of religion 
compulsory, as did the Jewish legislator. The Sabbath-breaker 
and tlie blasphemer should stand as high criminals. The Church 
should fashion the State, and be identical with it. Only experi- 
enced and covenanted Christian believers, pledged by their 
profession to accordance of opinion and purpose with the original 
proprietors and exiles, should be admitted as freemen, or full 
citizens of the commonwealth. They would restrain and limit 
their own liberty of conscience, as well as their own freedom 
of action, within Bible rules. In fact, — in spirit even more 
than in the letter, — they did adopt all of the Jewish code which 
was in any way practicable for them. The leading minister of 
the colony was formally appointed by the General Court to adapt 
the Jewish law to their case ; and it was enacted, that, till that 
work was really done, " Moses, his Judicials," should be in full 
force. Mr. Cotton in due time presented the results of his 
labor in a code of laws illustrated by Scripture texts. This 
code was not formally adopted by the Court; but the spirit of it, 
soon rewrought into another body, had full sway. 

It was known that Winthrop had written what he calls " a 
small treatise," in 1644, at a period of some internal variance in 
the colony, in which treatise he undertook to vindicate the 
government from the " aspersion " of being arbitrary in its 
conduct. Tins treatise came to light only a few years 
ago, among some family papers, in the Governor's original 



52 THE AIMS AND PURPOSES OF THE 

autograph. In it are found the following very decisive state- 
ments : — 

" By these it appears that the officers of this Bodye politick have a 
Rule to walke by, in all their administrations, which Rule is the Worde 
of God, and such conclusions and deductions as are or shalbe regularly 
drawn from thence. . . . 

'• The ft'iindamentalls which God gave to the Commonwealth of Israeli 
were a sufficient Rule to them, to guide all their Affaires ; we havinge 
the same, with all tlie Additions, explanations and deductions, which have 
followed ; it is not possible we should want a Rule in any case : if God 
give wisdome to discerne it."' 

In the life of Mr. Cotton by his friend Mr. Davenport, we find 
.he following most explicit statement, which shows how far 
these Fathers were from recognizing the plea for liberty of con- 
science : — 

" Considering that these Plantations had liberty to mould their civil 
order into that form which they should find to be best for themselves, and 
that here the churches and Commonwealth are coniplanted together in 
holy covenant and fellowship with God in Christ Jesus, Mr. Cotton did, 
at the request of the General Court in the Bay, draw an abstract of the 
laws of judgement delivered from God by Moses to the Commonwealth 
of Israel, so far forth as they are of moi-al, that is, of perpetual and uni- 
versal, equity among all nations ; especially such as these Plantations 
are ; wherein he advised that Theocrasie, i.e. God's government, might 
be eslablished as the best form of government, wherein the people that 
choose rulers, are God's people in covenant with him, that is, members of 
churches, and the men chosen by them to be rulers, such also, and the 
laws of God, and the ministers of God, are consuhed with by the Governor, 
magistrates and people, in all hard cases and in matters of the Lord, that 
is, of religion," &c.^ 

In July, 1634, the hearts of the colonists were gladdened 
by the receipt of " Certain Proposals made by Lord Say, Lord 
Brooke, and other persons of quality, as conditions of their 
removing to England." Hutchinson has preserved these for us, 
by printing them " with the answers thereto." 

Besides proposing an aristocratic class for recognition in the 
^ colony, these noblemen desired that the franchise should depend 

1 Life and Letters, vol. ii. p. 415. 2 Hutchinson's Coll. of Papers, p. 161. 



FOUNDERS OP THE MASSACHUSETTS COLONY. 53 

upon property. The answer vindicates, wholly from Scripture 
texts and examples, the law of the colony which restricted the 
franchise to church-members. 

Hutchinson also gives us a letter, on the same occasion, from 
Mr. Cotton to Lord Say and Sele, which is in itself conclusive 
as to the intent of the authorities. He writes in vindication 
of their rule: — 

" God hath so framed the state of church governmenf and ordinances, 
that they may be compatible to any commonweaUh, though never so 
much disordered in its frame. But yet, when a commonwealth liath 
liberty to mould its own frame {scriptiira pletiitudinem adoro), I conceive 
the scripture hath given full direction for the right ordering of the same. 
It is better that the Commonwealth be fashioned to the setting forth of 
God's house, which is his churcli, than to accommodate the church frame 
to the civil state. Democracy, I do not conceive, that ever God did 
ordain as a tit government either for church or commonwealth. If the 
people be governors, who shall be governed? As for Monarchy and 
Aristocracy, tiiey are both of them clearly approved and directed in 
Scripture, yet so as referreth the sovereignty to himself, and settetli up 
Theocracy in both, as the best form of Government in the Common- 
wealth, as well as in the church." ^ 

Captain Edward Johnson, that serviceable man in so many 
capacities, civil and military, came over with Winthrop's com- 
pany. He understood well, and heartily sympathized with, the 
purposes of the colonists, wiiose toils he shared, and whose for- 
tunes he sought to record, though anonymously, in poetry and 
verse, — distressing as some of the latter is. His quaint and 
grotesque but still instructive book — " Wonder-working Provi- 
dence of Sion's Saviour in New England " — is strewn all over 
with the tokens characteristic of the Biblical model of the 
Cora monwealth. 

As a deputy of the Court, and himself one of the most 
laborious and efficient members of the committee engaged in the 
protracted work of digesting a body of laws, he may be regarded 
as competent, as he certainly was frank, a witness of the intent 
which underlaid all our early legislation. The following words 
of his are certainly candid enough : — 

"This year, 1646, the General Court appointed a Committee of divers 

1 Hutchinson History, vol. i., Appendix. 



54 THE AIMS AND PURPOSES OP THE 

persons to draw up a Body of laws for the well ordering of this little 
Commonwealth : and to the end that they might be most agreeable with 
the rule of Scripture, in every county there was appointed two Magistrates, 
two Ministers, nud two able persons from among the people, who having 
provided such a competent number as was meet, together with the former 
'that were enacted newly amended, they presented them to the General 
Court, where they were again perused and amended ; and then another 
committee chosen to bring them into form, and present them to the Court 
'again, who the year following passed an Act of confirmation upon them, 
and so committed them to the Press; and in the year 1648, they were 
printed, and now are to be seen of all men, to the end that none may plead 
ignorance ; and that all who intend to transport themselves hither, may 
know this is no place of licentious liberty, nor will this people suflfer any 
to trample down this vineyard of the Lord, but with diligent execution 
will cut off from the City of the Lord, the wicked doers ; and if any man 
can shew wherein any of them derogate from the Word of God, very 
willingly will they accept thereof, and amend their imperfections (the 
Lord assisting) ; but let not any ill-affected persons find fault with them, 
because they suit not with their own humour, or because they meddle with 
matters of Religion, for it is no wrong to any man, that a people who have 
spent their estates, many of them, and ventured their lives for to keep 
faith and a pure conscience, to use all means that the Word of God allows 
for maintenance and continuance of the same, especially they have taken 
up a desolate Wilderness to be their habitation, and not deluded any by 
keeping their profession in huggermug, but point and proclaim to all the 
way and course they intend, God willing, to walk in ; if any will yet, 
notwithstanding, seek to justle them out of their own right, let them not 
wonder if they meet with all the opposition a people put to their greatest 
straits can make," &c.' 

These extracts, and a score of others of a similar purport 
might be culled from the writings of the leading exiles, tell the 
whole story. The actual code of laws adopted by the colony 
— called " The Bodie of Liberties," prepared mainly by the Rev. 
Nathaniel Ward of Ipswich — differs essentially from Mr. 
Cotton's abstract, especially in dispensing for the most part with 
scriptural citations ; but in no single particular did the legislation 
indicated by it, look away from or loosen its hold upon the 
supreme purpose of the authorities, to establish and administei 
here a strictly Biblical Commonwealth. Ward, who had had an 

1 Book iii. chap, v., Poole's ed., p. 206. 



FOUNDERS OF THE MASSACHUSETTS COLONY. 



55 



early legal training in England, stood for that aim and experi- 
ment as firmly as did Cotton. 

And then we are to remind ourselves that their Bible faith 
was net merely a simply vague and general reverence for it, like 
the sentiment which lingers now with their descendants. They 
had no theory about the Bible : they never criticised it ; and 
they rarely suggested amendments, even of the English transla- 
tion of it. They loved, honored, and revered it, and gave to it 
the homage of their awed spirits. What testimony is borne to 
this fact in their letters and diaries, in the implicit faith with 
which they took down the texts and expositions of their minis- 
ters, and quoted illustrations and parallelisms from the Bible, as 
decisions for all cases! How earnestly did they strive to incor- 
porate into their private and family life, not only the preceptive, 
but as much as they could of even the ceremonial, matter of the 

Scriptures ! 

That frankly avowed and practically applied purpose of the 
Fathers, of establishing here a Bible Commonwealth, " under a 
due form of government, both civil and ecclesiastical," furnishes 
the key to, the explanation of, all the dark things and all the 
bright^hings in their early history. The young people educated 
am^'ong us ought to read our history by that simple, plain inter- 
pretation. The consciences of our Fathers were not free in our 
sense of that word. They were held under rigid subjection to 
what they regarded as God's Holy Word, through and through 
in every sentence of it, just as the consciences of their Fathers 
were held, under the sway of the Pope and the Roman Church. 
The Bible was to them supreme. Their church was based on it, 
modelled by it, governed by it ; and they intended their State 
should' be also. Two very striking and emphatic sentences from 
the pen of Governor Winthrop convey the substance of vol- 
umes ; and who had better right than he to tell us his own 
aim and that of his associates ? 

" Whereas the w.ay of God hath always been to gather his churches 
out of the world; now, the world, or civil state, — must be raised out of 
the churches." — "The Magistrates are limited, both by their church 
Covenant, and by their oath, and by the duty of their places to square all 
their proceedings bv the rule of God's Word [why did he not say by the 



56 THE AIMS AND PURPOSES OF THE 

law of England?] for the advancement of the Gospel and the weale 
publick," &c.' 

This was their master aim, — this was the vision of the soul 
which led those exiles hither, — and by the inspiration of which 
alone, would they have come, or remained, or prospered. ■ Con- 
strained, compulsory, and rigidly enforced subjection to the 
consecrated purpose and rule of their enterprise required of 
those who imposed or recognized it, a personal suffering under 
it, a painful loyalty to it, fully as severe, as tasking to the energies 
of human nature, as were the disabilities and penalties which 
they stood ready to inflict upon all opponents and mischief- 
makers. It is worth our while to remember that the heads of 
that Commonwealth, its legislators and magistrates, found their 
own yoke a very hard one in the bearing. Winthrop, Dudley, 
Saltonstall, and others, the highest among them, were called to 
question, put under discipline, and bound to penalties. While 
their scruples forbade the kissing of the Bible, in the administra- 
tion of an oath, their conduct and " carriage " were tried by the 
statutory authority of that Book. 

We must consider this also : these Fathers were proprietors 
by purchase, members of a private joint-stock company, holding 
this territory under mercantile conditions. 1 They had the rights 
of corporators. After parting with their property in England to 
commit themselves to their enterprise, they subjected it to risks 
in the transfer and occupancy here, which, as local residents on 
their own territory, it was wise in them to foresee, and prudent 
to provide against. They did not put the right of franchise 
among them at a money value. It was not to be purchased at 
any price. They would confer it on conditions of their own, 
but never sold it to any one. No one, resident or stranger, 
could lay claim to it. The mass of those who came over with 

1 These rery significant statements are from Wintlirop's " Reply," &c., to 
Vane's " ' Briefe Answer,' " &c., to " A Defence of an Order of Court made in the 
year 1637," concerning the giving the magistrates power to deny to any, by their 
own rule, the right of residence here. It must be owned that Mr. Vane presses the 
honored governor with very able and cogent objections to the assumption of 
the magistrates. Winthrop, certainly, has recourse to special pleading. But the 
specialty is based, Hke all the early legislation of the colony, upon the foregone con- 
clusion of a Bible Commonwealtli. (Hutchinson's Coll. Papers, pp. 88-98.) 



FOUNDERS OP THE MASSACHUSETTS COLONY. 57 

the company, were simply hired servants of the company ; and 
those whom they found here were interlopers and squatters. 

The proprietors had a right to say on what terms other per- 
sons should come here to abide, to vote, to take any part in the 
administration of affairs, — perilling either their property or their 
enterprise, — which was a consecrated experiment. Mark these 
words of Governor Winthrop, when he found occasion, in the 
controversy with Vane, to stand for these proprietary riglits: — 

f " Let the Patent be perused, and there it will be found, that the incor- 
poration is made to certain persons by name, and unto sucli as tliey 
shall associate to themselves, and all this tract of land is granted to them 
and their associates. 

'• None other can claim privilege with them but by free consent." 

It is true the original proprietors and exiles were most glad to 
welcome new-comers of spirit and purpose like their own ; but 
they were very keen and rigid in their scrutiny. Yankee inquisi- 
tiveness, which was but old English shrewdness, sharpened on 
our granite whetstones, began then its famed skill in interroga- 
tions put to all strangers. They wished to know every new- 
comer thoroughly, outside and inside ; whence he came ; what he 
wanted ; what he believed ; if possible, what he thought ; what 
he intended to do; what was liis substance; what was his spirit. 
And these conditions were perfectly well understood in the Old 
World, by those likely to come hitherwards. No man, who is 
meditating an assault upoir a hornet's or a wasp's nest, better 
understands the nature of his enterprise, and the sort of reception 
he will have, than did the Familist, Antinomian, Anabaptist, or 
Quaker, know beforehand how Massachusetts would entertain 
him. Courtesy, honesty, all fair principles, required that the 
rights and purposes of the legal proprietors should be respected 
by all others. 

The conclusion is obvious. These exiled colonists, having 
embarked aU their worldly goods in this enterprise, would be dis- 
mayed and ruined by its failure. Having solemnly covenanted 
with separate churches as Englishmen at home, they had entered 
into another solemn agreement with each other, outside of their 
court-meeting, before they embarked. 

This " Agreement" was made at Cambridge, England, on 
Aug. 26, 1629, and was subscribed by those who pledged 



58 THE AIMS AND PURPOSES OP THE 

themselves to embark on the following March. In it they say 
they have engaged themselves to their enterprise, after having 
" weighed the greatness of the work, in regard of the consequence, 
God's glory, and the churches' good." They face " the difhcul- 
ties and the discouragements" before them. They considered 
this " withal, that this whole adventure grows upon the joint con- 
fidence we have in each other's fidelity and resolution herein, so 
as no man of us would have adventured it without assurance of 
the rest." The agreement was conditional, on this proviso, 
" that before the last of September next, the whole government, 
together with the patent for the said plantation, be first, by an 
order of court, legally transferred and established to remain with 
us, and others which shall inhabit upon the said plantation." ^ 

One other paper, very important in its bearings on this point, 
is to be carefully noted, because as it was prepared and circulated 
on the other side of the water, as preliminary to, and designed 
to induce, the emigration, it exposes to us the intent of the 
leaders in the enterprise. It is entitled, " General Considerations 
for the Plantation in New England, with an Answer to Several 
Objections," to which reference has already been made. We 
have now four copies of the substance of this paper, with vari- 
ations and comments from the ditfercnt hands under which it 
passed. It was a document which served a high agency in pro- 
moting the enterprise, being passed from friend to friend, and 
used in those cross-country rides and night consultations which 
drew its master-spirits into it. One copy of it, as has been re- 
lated, came from the hands of that noble patriot. Sir John Eliot, 
in the Tower ; and was sent by him to his friend and compeer, 
John Hampden. There is a religious spirit and tone in the 
whole paper. The seventh of the considerations reads thus: — 

" What can be a better work, and more noble and worthy a Christian, 
than to help to raise and support a particular chui'ch while it is in its 
infancy, and to join our forces with such a company of faithful people," 
&c.^ 

There is a remarkable recognition in this document of a deeply 
ominous foreboding, often finding utterance from the pens and 
hearts of the leading colonists, that a catastrophe of utter anarchy 

1 Hutch. CoU. Papers, p. 25. ■ Hutch. Coll. Papers, p. 27. 



FOUNDERS OF THE MASSACHUSETTS COLONY. 59 

and ruin was impending tlireateningly, at the time, over the realm 
and the religion of England. From that awful wreck they would 
save the gospel, by transplanting it, and rearing for it a church 
which should guide the Commonwealth. The following solenm 
sentences meant more to devout hearts in those days than they 
mean to us : — 

" Secondly, all other churches of Europe are brought to desolation ; and 
it may be justly feared that the like judgement is coming upon us: and 
wlio knows but that God bath provided this place [New England] to be a 
refuge for many whom he meaus to save out of the general destruction." 

This was indeed a reason for regarding it " a service to the 
church of great consequence, to carry the Gospell into those parts 
of the world." 

These Fathers of Massachusetts having thus solemnly cove- 
nanted with each other, in the terms of their august experiment, 
were bound to stand for it, and to try it with heart and soul and 
life. Any thing or any body that perilled it, any stranger or 
interloper coming among them, or a troublesome spirit I'ising up 
of themselves, must be dealt with in a summary way. He 
brought under risk every thing which they had, or hoped for, or 
revered. They were themselves under the same bond and pledge 
which they exacted of others. They were all in the wilderness. 
They were straitened of their own natural and lawful liberty in 
many ways and things. They were held to personal and mutual 
covenants of the most stringent sort. They could not say what 
they pleased, still less do as they pleased. They had made 
themselves amenable to what they called " the Gospel rule ; " 
and, if they swerved or broke terms, the penalty was sure and 
stern. Tliey were no triflers, no summer-day dreamers, no fancy 
theorists, such as we have in our day. They knew well what an 
opinion like theirs cost; what a conviction and a belief meant; 
what the enterprise which they had in hand involved to those 
who were determined to embark in it. They had looked before 
them very deliberately : they had fronted the conditions of their 
work, and come to meet them. They encountered no opposition 
or discomfiture which they had not provided for. 

At the first General Court of the company held on this soil, 
May 18, 1631, one hundred and eighteen persons applied to be 



60 THE AIMS AND PURPOSES OP THE 

admitted as freemen, voters, new and full partners. Here was a 
startling and critical predicament for the company, represented 
by less than a dozen of the actual proprietors and administrators 
under the charter. What was to be done ? Some of the appli- 
cants for the franchise were " old planters," or squatters ; some 
had been sent here, and others had been just brought here, as 
hired servants of the company ; and others still were suspected or 
disaffected persons, of a sort which a Quarter court had already 
judged " unmeet to inhabit here." Should this miscellaneous 
multitude be at once lifted to a place and power which put the 
whole enterprise efTectually at their mercy? The court was 
alarmed, as well it might be. It was alarmed, but it confronted 
the juncture. These applicants were admitted to the franchise, 
having first taken the freeman's oath. The oaths formally en- 
tered upon the Records, for every officer and member of the 
company, furnish in themselves very significant matter bearing 
upon the intent of the colonists as already set forth, to establish 
here a Biblical Commonwealth. Before the transfer of the 
charter, the form of oath for the governor, deputy, and assistants, 
bound them "to admit none to be free of this fellowship but 
such as may claim the same by virtue of our privileges." But 
after the charter had been transferred, and the government had 
been set up here, these official oaths had been significantly 
changed into this form : the governor and magistrates bound 
themselves to administer the government " according to the laws 
of God, and for the advancement of his Gospel, the laws of this 
land, and the good of the people of this plantation." This 
change in the form of the oath meant all that it implies. 

And whoever took the first freeman's oath here, swore as fol- 
lows : — 

" I do freely and sincerely acknowledge that I am justly and lawfully 
subject to the government of the Company : and do accordingly submit 
my person and estate to be protected, ordered, and governed by the laws 
and constitutions thereof." 

Yet before letting in this crowd of citizens, "the generalitie," 
as they were called, the Court agreed and ordered, that hence- 
forward the freemen should vote for the body of assistants, who, 
after being chosen, should elect a governor and deputy out of 



POUNDERS OP THE MASSACHUSETTS COLONY. 61 

their own number, and should be the legislators, and also should 
appoint all officers of the law. This restriction was, however, 
removed the next year, and the freemen resumed their right of 
voting directly for governor and deputy. Of the newly admit- ^ 
ted freemen, more than half were already church-members, and 
others soon became so. A few of them proved intractable or 
mischievous persons, and had afterwards to be dealt with by 
summary or deliberate process. The shock of apprehension, 
almost of dismay, to which the Court had been subjected, led to 
the adoption of that rule and order, for prospective operation, 
which has been made the reproach and jeer of the early legisla- 
tion of Massachusetts. It stands on our Records in these 
words : — 

" To the end the body of the commons may be preserved of lionest and 
good men, it was likewise ordered and agreed, that for time to come no 
man shall be admitted to the freedom of this body politic, but such as are 
members of some of the churches within the limits of the same." ^ 

Looked at in the light of our days, or even by the contemporary 
working of the rule as experimental trial tested it, we, of course, 
may denounce it, or ridicule it. But we must be fair to those who 
lived by their own light, and tried a serious enterprise. In estab- 
lishing that rule, the company exercised a charter-right, by their 
own interpretation clearly conferred upon them ; and sought, with- 
out doing wrong to any, to protect and defend themselves, their 
own franchise, their own property, their own great design. What 
else, what less, than this could they have done for. their own 
security ? Even if only as the responsible administrators of a 

1 Court Records, vol. i. p. 87. 

Mr. Cotton, in a letter to Lord Say, Lord Brook, &c., in 1636, says (Hutch. 
Hist., vol. i. Appcn. 4.3.5), that no church-members "are excluded from the liberty 
of freemen." But the being a church-member did not, of itself, constitute a freeman. 
The application for the privilege must be made to the Court, and there be sub- 
mitted to the vote of the other citizens; and then, if the candidate p.issed, he had 
to take the freeman's oath. It would seem, however, that there was soon a con- 
siderable number of church-members who did not seek the privilege of citizenship ; 
perhaps shrinking from its annoyances and responsibilities. For, in 1648, the Court 
" Ordered, concerning members that refuse to take their freedom, the churches 
should be writ unto, to deale with them." (Records, ii. p. 38.) 

Lechford, just before this time, wrote that " Three parts of the people of the 
country remain out of the church." 



62 THE AIMS AND PURPOSES OF THE 

local government, they had had an ordinary concern to avert dis- 
order and anarchy, and to maintain morality and religion, they 
could hardly, in those days, have stopped short of tha^t rule, at 
least in its substance, or in an equivalent alternative. In every 
Christian State, religion was then established ; and uniformity of 
subjection to it was imposed by laws and penalties.^ 

The inference, then, seemed to be that the more scriptural, 
authoritative, pure, and practicable a method or type of religion 
was, the better was it entitled to the legislative warrant. 

But if the Fathers of Massachusetts were under the sway and 
in the service of the aim which has been defined as theirs, they 
had especial reason, as they had legal right, in i-equiring of all 
who sought to vote about their property and their experiment, 
that they should be in accord with them. They chose to put 
foremost this condition, and to insist upon it : ' Commit your- 
selves to our opinion, conviction, and purpose, then we will let 
yovi in : join our religious fellowship, and you shall share our 
civil rights, without money or price.' They thought confidently 
— for them, reasonably — that they should thus make sure for a 
stock of citizens, if not of saints, yet of those who were out- 
wardly, visibly, and constrainedly free from the more scandalous 
and mischievous human failings. At any rate, they did thus 
make sure of men who, before God and their fellows, had volun- 
tarily pledged and covenanted themselves, by a well-defined 
standard of obligation, the bond of a rigid intercommunion. No 

1 In maintaining their form of administration of religion by a public tax, and 
making .an attendance upon its services compulsory, tlie colonists did but follow the 
example of their native country. In the colony of Virginia, in 1610, attendance at 
church twice every Sunilay was enjoined "upon pain, for the first fault, to lose their 
provision and allowance for the whole week following ; for the second, to lose said 
allowance, and also to be whipped ; and for the tliird to suffer death." (Force's 
Tracts iii. (ii.) 11.) Subsequent modifications of the law in Virginia were as follows : 
" The Governor published several edicts, — That every person should go to church 
Sundays and holidays : or lie Neck and Heels that night, and be a slave to the colony 
the following week ; for the second offence he should be a slave for a month ; for the 
third, a year and a day." (Stith, p. 147. 1618.) 

In Virginia Assembly, Aug. 4, 1619. " All persons whatsoever upon the Sab- 
bath days, shall frequent divine service and sermons, both forenoon and afternoon, 
and every one that shall transgress this law, shall forfeit three shillings a time, to 
the use of the church : all lawful and necessary impediments excepted. But if a 
servant in this case shall wilfuUy neglect liis master's commands, lie shall suffer 
bodily punishment." 



POUNDERS OP THE MASSACHUSETTS COLONY. 63 

man could get into a church except through profession, confes- 
sion, and the taking of a vow, and the putting himself under the 
discipline of a brotherhood. Those who had passed that ordeal, 
and were still held to its continuous control, were to be regarded 
as Christians ; and Christians might be trusted as citizens. So 
far were the Fathers of Massachusetts from feelina; that thev 
wronged any one by establishing this rule, that they were assured 
that they were adopting an eminently wise way in conferring a 
privilege which they might have withheld. It was fully compe- 
tent for them to have declined making any more freemen on any 
terms. They made more because they wished for more, provided 
they could have them of their own sort, which was not our sort. 

Those who were not freemen or voters had rights and privi- 
leges secured to them which still made them members of " y" body 
politique." The twelfth of the " Bodie of Liberties " made this 
provision: — 

" Every man, whether inhabitant or foreigner, free or not free, shall 
have libertie to come to any publique Court, Councel. or Towns meeting, 
and either by speech or writing, to move any lawful), seasonable, and ma- 
teriall question, or to present any necessary motion, complaint, petition, 
Bill 01- information, whereof that meeting hath proper cognizance, so it be 
done in convenient time, due order, and respective manners." 

To construct a commonwealth out of a church, as the hon- 
ored and noble Winthrop so frankly avowed it, and to admin- 
ister all civil affairs by church-members, — that was the intent 
of the founders of this colony. They meant that the rulers and 
those who chose the rulers should be upright. God-fearing men, 
as, in a most emphatic sense, they were themselves. Enough 
of such men, they believed, could be found, — men renewed, 
baptized in the Spirit, gifted with wisdom, in faithful covenant 
with Christ, their Master. Yet they were not to depend upon, 
nor to trust to, their own wisdom, nor to follow their natural 
consciences. They had God's Word, — divine statutes, an in- 
spired oracle. Some of our ancestors used the Bible in earlier 
English versions ; but our version had won its way to the hearts 
of many of them. The free and authorized circulation of the 
royal version wrought an effect in England which we can 
scarcely make real to ourselves. It took the place of pope, 
church, and minister for thousands, whom it brought under the 



64 THE AIMS AND PURPOSES OF THE 

direct teaching of God. Those who read it with that moderated 
control of their own eccentric tendencies which would insure a 
common influence from it, brought themselves under subjection 
to it. Individual fanatics and " private interpreters " put it to 
strange uses. By that Book, even without the aid of the new 
covenant Scriptures, the chosen people of old — between whose 
circumstances and their own our Fathers found many parallels 
— had been trained in a wilderness, and fashioned into a com- 
monwealth. They intended to repeat the process under fairer 
auspices. With a stern and heroic spirit, in awful sincerity, 
earnest men and gentle women, made calmly resolute for their 
own share in it, set themselves to the work, after counting its 
cost so wisely that they met with nothing which they had not 
anticipated. Many died of the earliest hardships, in full faith 
of a blessed success to be realized by their posterity. And these 
were accounted happy by their survivors, who looked on their 
fresh wilderness graves as the seed-bed of a glorious harvest. 

It is not strange, though it is in many respects sad, that so 
many of those high-souled exiles should have had to meet the 
vexations of all the stages of a gradual, but finally a comjjjete, 
disappointment in the thwarting and failure of their experiment. 
They could not create a State out of a church ; for a State grew 
up which would not come into their church, and which they 
would not have allowed to come into it. They could not 
administer a civil govermnent by Biblical statutes; for those 
statutes have God, not man, for their administrator. That 
liberty of conscience which they themselves, and for themselves, 
had put under restraining subjection to their own covenants and 
religious limitations, was irresistibly exercised by some among 
them, and by a continual succession of new-comers. They 
were made dreadfully uncomfortable by dissentients and in- 
truders and interlopers, — honest and pure persons, men and 
women, but eccentric, fanciful, and strong-headed, with strange 
conceits, theories, and notions of their own. For a time, the 
magistrates and ministers tried to stand by their first purpose 
and aim, at all cost. Their legislation was pursued into the 
most minute details. It was inquisitorial, severe, fearless, and 
without respect of persons. They maintained their proprietary 
rights, and clung to their Theocratical experiment against all 



FOUNDERS OF THE MASSACHUSETTS COLONY. 65 

intruders and heretics. Their Court (Sept. 4, 1639), in passing a 
law against " the common custom of drinking one to another," 
as an occasion of much waste and sin, held it to be a duty 
to prevent such wickedness, — "especially iu plantations of 
•churches and common weales, wherein the least known evils are 
not to be tolerated by such as are bound by solemn covenant to 
walk by the rule of God's word in all their conversation." ^ 

Whatever the expectations of the leading colonists may have 
been, before they crossed the seas, of the relations of dependence 
and oversight which would continue to exist between their 
remote home and England, and however vague or definite may 
have been their intentions of setting up for themselves, as a 
matter of fact they did find themselves charged with the whole 
responsibility of administering a government. Their necessities 
and emergencies settled that point for them. England gave 
them no help whatever; and all her attempted commissions 
about their affairs were regarded and rejected, or resisted, as 
mischievous interference. The home government could not 
have wisely disposed the affairs of this colony at any time 
during its charter administration. For a large part of that term 
England itself was in a distracted condition, through its owa 
civil war ; and its intermeddlings here would but have caused 
confusion and increased dissension. Charged, then, with the 
full responsibility of legislative, judicial, and executive offices, 
the authorities developed their own scheme, and worked toward 
the realizing of their Theocracy. Their experiment proved 
impracticable. Its weak points answered exactly to the kind of 
assaults and the sort of weapons which were tried against it by 
their own more restless spirits and by their ingenious tormenters. 
In one aspect of the case, and in some moods of our minds, in 
these days we cannot but smile as if we found fun in reading 
some of their experiences ; for there certainly is an element and 
aspect of the ludicrous in some of them. It seems as if all the 
ingenuities and whimsies, all the crotchets and extravagancies, 
of crude and conscientious enthusiasm and fanaticism, were 
conjured up at the time, and for the occasion of teasing and 
worrying the poor sheep who had sought this fold. The tor- 

1 CJoiirt Records, vol. i. p. 271. 
5 



66 THE AIMS AND PURPOSES OP THE 

menting troublers of the new Israel were of every style and 
pattern, of every variety of sting and venom. One who in our 
dog-day season is trying to do diligent work with eye, hand, and 
mind engaged, and who finds himself made the sport and prey 
of flies, gnats, mosquitoes, and all summer bugs, may realize 
what was often the vexed and harried experience of our Fathers, 
as, from over the seas, or out of the woods, or in one of their 
own cottages or congregations, some " extraordinary," " exorbi- 
tant," or " unsavory spirit," in man or woman, presented itself, 
— to indicate a swarm in persistency and variety. 

Beside the buffetings and distractions caused by 'strangers or 
troublers among themselves, the authorities had soon to meet 
with many serious perplexities arising from the practical work- 
ing of their own theory. Thus, as the Court had made church- 
membership the condition of eligibility to the franchise, they 
found it essential for them to have a word to say about the 
rightful constitution of churches whose prerogative it was to 
decide the terms of admission for members. To prevent vari- 
ance and undue privilege or license in this matter, the independ- 
ence of the churches was brought under risk. In 1634—5, we 
6nd the following on the Records : ' — 

" This Court doth intreate of the elders and brethren of every church 
within this jurisdiction, that they will consult and advise of one uniform 
order of discipline in the churches agreeable to the Scriptures, and then 
to consider how far the magistrates are bound to interpose for the pres- 
ervation of that uniformity and peace of the churches." 

In the next year, the Court subjected the mode of gathering 
churches to the order and approbation of the magistrates, and 
refused the franchise to members of churches otherwise gathered.^ 

The "New-English Canaan" was the jesting title which the 
roguish Thomas Morton gave to the site of the Puritan State ; 
showing how well he divined the nature of the enterprise which 
he tried to vex and thwart. The experiment of the Fathers of 
Massachusetts to form and administer a Commonwealth, in 
which aU civil affairs should be disposed by members of one order 
of churches, is classed by us now among the visionary fancies 

1 Records, vol. i. p. 168. ^ Vol. i. pp. 142-3. 



FOUNDERS OF THE MASSACHUSETTS COLONY. 67 

which have beguiled good but weak men, and which, on the trial, 
have exposed their folly and error. So we judge; and then, too 
often, condemn. Those covenanted legislators are not to be held 
accountable for the logical or the practical consequences which 
followed from their scheme when put on trial. They were not 
bound to foresee these consequences, nor to be ready to abandon, 
or even to re-adjust, their theory, as its experimental working 
brought perplexities and unlooked-for resistance. They were 
right, after having recognized what their faith and piety held to 
be a constraining duty which would consecrate and bless them 
in the doing of it, to throw their souls into its discharge, and 
defy and resist all opposition. 

The quotations which have been so abundantly made in the 
preceding pages, from the authentic writings of the leading foun- 
ders of Massachusetts, and from their legislative records, are 
alike confidential and public testimonies of the design which 
prompted them. It was not that they intended, however con- 
scientiously they might have done so, to construct a theory or 
form of government of their own devising, for ends of civil and 
religious freedom. All motive to do this, if they had felt its in- 
fluence, was overruled by a profound conviction, the result of 
their religious training and belief, that the Bible offered them an 
already perfected model and guide for a Commonwealth ; and 
that they were at liberty only, or could only safely use their liberty, 
in following that model. Many pages more, from diaries, letters, 
and more public documents, might be covered with confirmatory 
and illustrative matter, similar to what has already been given. 

But there is a record of such marked and emphatic significance 
in. its bearing upon the same point, that it must not be passed 
over unnoticed. 

Massachusetts alone, of all its sister colonies of New England, 
with positive avowal, and with consistent efforts and measures 
to realize it, aimed to establish a Bible Commonwealth. The 
colonies of Plymouth, Connecticut, and New Haven, approxi- 
mated to that aim, but fell short of it in actual legislation 
for it. 

"What, then, was more natural than that Massachusetts should 
have attempted to induce her sister colonies to follow her own 
example, in making the church estate the condition of citizen- 



68 THE AIMS AND PURPOSES OP THE 

ship? This attempt she did make in all sincerity, though with 
but partial success. As early as 1638, at a meeting held at Cam- 
bridge, Connecticut had proposed a confederation with the 
other three colonies. The proposition, failing of effect at the 
time, was held in mind, till it resulted in a union of the four in 
1643, by formal articles, providing for regular annual meetings 
of two commissioners for each of them, appointed by their 
several General Courts. The preamble of the Confederacy begins 
thus : — 

" Whereas, we all came into these parts of America with one and the 
same end and aim, namely, to advance the Kingdome of our Lord 
Jesus Christ, and to enjoy the liberties of the Gospell in puritie, with 
peace," &c. 

The object of the Union was chiefly for purposes of mutual 
aid in defence against the Indians. They entered into " a firme 
and perpetuall league of friendship and amytie, for offence and 
defence, mutuall advice and succour, upon all just occasions, 
both for preserving and propagating the truth and liberties of 
the Gospell, and for their own mutuall safety and welfare." 

After the organization had become familiar, and the commis- 
sioners, instructed by the General Courts which they severally 
represented, and to whom they were to report the advisory meas- 
ures recommended in their Congress, had experience of what 
business might properly come before them, we find the following 
proposition on their Records, at a meeting held in due order of 
place and time, at New Haven, in September, 1646. It bears on 
its face that it came from Massachusetts : — 

" Upon serious consideration of the s^jreading nature of Error, the dan- 
gerous growth and effects thereof in other places, and particularly now 
the purity and power both of religion and of civill order is already much 
corrupted, if not wholy lost in a parte of New England, by a licentious 
liberty graunted and setled ; whereby many casting off the rule of the 
word, professe and practise what is good in their owne eyes : And upon 
information of what petitions have beene lately putt in some of the Colon- 
ies against the good and straite wayes of Christ, both in the Churches, 
and in the Comon Wealth, the Commissioners remembering that those 
Colonies for themselves and their posteritie did enter into this firme and 
perpetuall league, — as for other respects so for mutuall advise that the 
truth and liberties of the Gospell might be preserved and propagated, 



FOUNDERS OP THE MASSACHUSETTS COLONY. 69 

thought it their duty seriously to comend it to the care and consideration 
of each Generall Corte within these United Colonies, that as they have 
laid theire foundations and measured the temple of God, the worship and 
worshippers by that straight Reed God hath putt into their hands, soe 
they would walke on and build up (all discouragements and difficulties 
notwitiistandinge) with an undaunted heart and unwearied hand, accord- 
ing to the same rules and patternes. That a due watch be kept and con- 
tinued at the doores of God's house, that none be admitted as members of 
the body of Ciirist, but such as hold foorth effectuall calliuge and thereby 
union with Christ the head, and that those whome Christ hath received, 
and enter by an expresse covenant to attend and observe the lawes and 
dutyes of that spirituall Corporation, that Babtisme, the scale of the Cove- 
nant, be administred onely to such members and their ymediate seed, that 
Anabaptisme, familisme, Antinomianisme, and generally all errors of like 
nature, which oppose, undermine and slight either the scriptures, the vSab- 
both, or other ordinance of God, and bring in and cry up unwarrantable 
Revelations, inventions of men, or any carnall liberty, under a deceitfull 
coUoure of liberty of conscience, may be seasonalily and duely supprest, 
though they wish as much forbearance and respect may be had of tender 
consciences seeking light as may stand with the purity of religion and 
peace of the Churches." 

The record adds: — 

" The Commissioners of Plymouth desire further consideration con- 
cerninge this advise given to the generall Corts." ' 

Massachusetts had been consistent with herself in pressing her 
Bible theory of State upon her sister colonies, but she could not 
legislate for them. 

Now look at, examine, that aim or scheme or experiment of 
the first colonists, as it stands in the line of history, and holds 
a place, certainly not a mean one, among the enterprises of 
men. It was one of a hundred schemes, visions, lures, or devices 
of men, which have floated before their busy and quickened 
fancies, and engaged their whole souls, their worldly means, their 
lives and heroism in attempts to realize them. The possible 
nobleness of humanity has often gone into some of the dreami- 
est and most impracticable of these schemes. The Fathers of 
Massachusetts had doubtless read the " Republic" of Plato, and 
the "Utopia" of Sir Thomas More. But they had also read 

1 From the rij-nioutli Copy of tlie HecorJs of Connnissioners. 



70 THE AIMS AND PURPOSES OF THE 

their Bible as they had read no other book. And if they had 
seen the Book float down from the sky, and had received it by a 
clutch of the hand from out of a mountain cloud, they could not 
have given to it a more revering love, trust, and divine authority 
than they did yield to it. It suggested to them the conception 
and experiment of a Christian state, a commonwealth in which 
human legislation should be patterned from the divine. 

The conditions of time, opinion, opportunity, and persons, for 
the practical trial of a Biblical Commonwealth, were as follows: 

1. A religiously earnest period, characterized by an implicit 
faith in the divine authority, and in the literal, inspired infalli- 
bility of the whole Bible ; and a mode of valuing it, and a sense 
of subjection to its teachings conformed to that view of it. 

2. A class of men and women to whom that belief should be 
a bond of sympathy and fellowship. 

3. Unfavorable or antagonistic circumstances forbidding the 
practical trial of an ecclesiastical commonwealth where they 
were then living. 

4. The opening of a new field remote and sheltered in the 
distance, with vested rights secured for its occupancy and juris- 
diction. 

I have used by preference the term a " Biblical Common- 
wealth : " I might have confined myself to the use of the term 
" Theocracy," which has been quoted more than once, as used by 
the Fathers as applicable to their form of government. And it is 
applicable, if by it we mean the direct recognition of a Divine 
Headship to a state. Our Fathers used it in that legitimate sense 
of the term which subordinates all views of expediency, custom, 
and human prerogative to a profound sense of subjection to a 
Divine Ruler, and an obligation to accept and to follow what is 
believed to be an intelligible revelation of His will, as the basis 
and guide of legislation. 

That conception was sure, in its turn and season, to come to 
practical trial in this world. It stood entered on the docket of 
time, awaiting human agents, fit field and opportunity, with the 
prime condition of faith and self-renunciation in man and 
woman. Then it would be entitled to a trial. 

Glance with a single backward thought, over the long and 
varied, generally interesting, but often melancholy, series of the 



FOUNDERS OF THE MASSACHUSETTS COLONY. 71 

visionary fancies, the social and political theories, by which men 
and women with only good aims have sought to organize and 
govern themselves. We have had the schemes of St. Simon, of 
Fourier, and of Owen. You may have read Mr. Hepworth 
Dixon's sketch of some of the experiments on trial among us, 
in Shakerism and Communism. And it hardly becomes an age 
and an indulgence, which, like our own, tolerate the filthy ex- 
periment of Mormonism, to be very critical in judging about 
any of the past theories which have failed. There have been 
many experiments of a purely religious sort, tried by men and 
■women devoutly sincere and high-minded, which had far less of 
grandeur, nobleness, and practical feasibility to offer as motives, 
than had that of our Fathers. Among the fashionings of the 
millennium, and the plannings for it, theirs, certainly, was not one 
which will unfavorably compare with others. They took care 
to guard against the extravagancies and the follies of the Fifth 
Monarchy men ; and they had a sober, and never a fanatic, 
spirit. Their experiment, as I have said, was sure of, and was 
entitled to have, its time and trial. We may criticise and even 
ridicule it, if we choose, on its weak side. But there was 
an august grandeur, an attractive and spell-like power in it, 
a beckoning promise of some unspeakable blessing with it, 
which would be certain to give, it an enthralling influence over 
devout and high-souled men and women. Its time for trial came 
at the most earnestly religious age which has as yet been 
chronicled in the history of the church. 

It is from the failure and from the success of great visions and 
schemes, that men have learned all their practical and political 
wisdom. We will not undertake to cast the proportions of 
success or failure in the original enterprise, which is represented 
now by the Commonwealth of Massachusetts. 

Puritanism, in the strictly Bible theory and embodiment of it, 
as accepted by our Fathers, had a thoroughly sincere disciple- 
ship, and a hearty earnestness of purpose engaged for it, only 
for a little more than half a century and for two generations. 
During that period, and for those full believers of it, it was 
transiently consistent, because it was parallel with, and at the 
level of, the degree of intelligence which had been reached in 
some portions of Christendom, — especially in England, — for it 



72 THE AIMS AND PURPOSES OP THE 

never had the same sway on the continent of Europe. Under 
those temporary conditions, Puritanism secured the devout con- 
fidence of noble and eminent men, statesmen, jurists, and 
scholars ; and of such votaries as in those times there were, of 
science and philosophy, as well as the profoundest reverence of 
meek women, sturdy yeomen, and craftsmen in ordinary life. 
But Puritanism could not outlast its own age, nor hold its un- 
questioned control beyond the limitations of time and genera- 
tions, except by living on its traditions among people in secluded 
places not reached by increasing light and extended knowledge. 

It started with an estimate of, and a way of using, the whole 
Bible, which have been discredited by more intelligence, independ- 
ence of thinking, critical, scholarly, and scientific culture, and the 
exercise of a higher grade of what we call common sense in 
common people. But the theory and faith on which our 
Fathers proceeded, though steadily impaired, modified, and 
diminished, have only gradually yielded, only a little for each 
generation, — retaining enough of inherited or traditional in- 
fluence to avert the catastrophe of a complete revolutionary 
repudiation at any one time. The spirit and shadow, the tone 
and savor of Puritanism, still remain and have influence in our 
State. Doubtless, there are members of our present Legislature, 
certainly there are constituents of some of them, who in heart 
and mind are persuaded, that it would be well if we could 
restore Puritan legislation in our franchise, in our churches, in 
household management and discipline, in Sabbath laws, in 
many social customs and indulgences, against dissipation and 
gambling. But the dream is of the past. 

No reader can engage his mind, candidly and seriously, upon 
the original papers left to us by the Fathers of our colony, 
without being impressed with the thought, that they subjected 
themselves to all the sacrifices involved in their enterprise, bore 
willingly all the sharp inflictions of suffering incident to it, and 
cheered themselves with great religious hopes of its issues, under 
the quickening impulse of a belief that they were putting under 
practical trial the loftiest aim which had ever inspired high- 
minded and devout men. 

True, it is unspeakably to our advantage and enjoyment in 
the freedom and cheerfulness of life, that we have been released 



FOUNDERS OF THE MASSACHUSETTS COLONY. 73 

from the severe sway of what we call, conventionally, the rigidness 
and superstition of Puritan institutions and ideas. We may, 
however, question the fairness of describing as the outgrowth of 
Puritanism, what a more just view of facts recognizes as a gen- 
eral and comprehensive progress and enlightenment, by many 
agencies of advance on the past. 

Yet are we sure that the change, as all relaxing and liberaliz- 
ing, is pure gain to us, and no loss ? A large and liberal-minded 
man might easily defend the position, that there were elements 
and usages of Puritanism, which we are none the wiser, none 
the better, none the freer, none the happier, for having left them. 
Our domestic, civil, and religious life ; our amusements, vices, 
and wicked haunts, — all testify that our Fathers had some 
virtues and safeguards which we have not. 

Meanwhile, not with alarming and dangerous reaction of 
revolution or anarchy, but slowly and safely relaxing its sway in 
our Commonwealth, eight generations born and nurtured here, 
and many bands of new exiles, have realized that Puritanism has 
prepared for them a most pleasant heritage. So that this noble 
and honored State has a repute of which all living in it, who 
are not justly proud, will not increase its credit by staying here, 
but had better avail themselves of their liberty by moving out 
of it without process. 

The Commonwealth in this our present age of it has these 
four conspicuous honors : — 

1. Its money bonds are set at a higher premium than are any 
American paper obligations in the marts of the world. 

2. Its educational system, and the high and general culture 
produced by it, give us the pre-eminent advantages and safe- 
guards of intelligence. 

3. Its charitable, benevolent, and reformatory institutions are 
most numerous, munificent, and humane. The State is treated 
by the whole Union, as a bank for gathering, and a deep free 
pocket for dispensing, all manner of pecuniary gifts ; and those 
who are for leaving us out in the cold, strangely enough, have 
to come here to get warm. 

4. There are in this Commonwealth more peaceful and happy 
homes, palatial in our towns and cities, and simple and frugal in 
our sheltered vaUeys and on our hill-sides, filled with those who 



74 AIMS AND PURPOSES OP THE MASSACHUSETTS COLONY. 

are favored beyond any people on the earth in an opportunity 
to make the best thing possible out of life. 

I have said nothing to rebut, or even as recognizing, the 
charge against our Fathers of having a worldly outlook for 
trade and profit. It is enough to say that they were in the body 
and found it necessary to keep themselves alive, — to be fed, 
housed, and clothed, as human beings always do, wherever they 
may be, and whatever experiment they have on trial. Some of 
them did keep alive. After stern and varied hardships, a few of 
them gathered a comfortable substance. But as to the profit of 
their undertaking, nearly the whole of that has come to the 
generations between them and our own, — most largely to our 
own. It would not have been agreeable or desirable, for such 
persons as we are, to have lived with our Fathers ; but it is 
an inestimable privilege to us to live after them, in their own 
places. 



TEEATMENT 



INTRUDERS AND DISSENTIENTS 



FOUNDERS OF MASSACHUSETTS. 



By rev. GEORGE E. ELLIS, D.D. 



TKEATMEI^T 



INTEUDEHS AND DISSENTIENTS 



FOUNDERS OP MASSACHUSETTS. 



A CORRECT view of the aims and purposes of the Founders 
of Massachusetts carries with it a certain consistent course 
of treatment, which might be expected to be visited upon all 
who should interfere with them, or cause them trouble. Their 
project was in itself of such a nature, that it would very easily 
afford a test for distinguishing between a friend and an enemy, 
— between measures, intentions, and even opinions, which would 
tend to advance it, and those v^/hich would thwart and wreck it. 
Once committed to their enterprise, and holding in their hands a 
royal instrument, which they regarded as securing to them the 
territorial rights and jurisdiction necessary for a practical trial 
of it, they felt that it would be their own fault or folly if it 
failed in that trial. To keep possession of their charter was 
their first security. For this they trusted to law, to policy, to 
shrewd management; and to a final reinforcement from obsti- 
nacy, and something that looks like cunning, — the last, how- 
ever, brought into use only in opposition to cunning. There 
were in their view, or construction, three privileges secured to 
them by that charter, which were their main reliance : — 

First, An absolute jurisdiction over the soil included in their 
patent ; 

Second, The right to define and impose terms on which alone 
new members should be admitted into their company ; 



78 TREATMENT OF INTRUDERS AND DISSENTIENTS 

Third, The right, " for their special defence and safety, to in- 
counter, expulse, repel, and resist, all such person and persons, as 
shall at any time attempt the destruction, invasion, or annoy- 
ance to the plantation or its inhabitants." 

No doubt they had some intelligent apprehensions of the nature 
and sources of the hostility from parties and individuals which 
they would have to deal with. They had reason to believe that 
their hold upon their charter would always be under peril, from 
their enemies residing in England, and from those smarting under 
their discipline carrying ill reports from hence. These they 
would need to circumvent in one way. Their internal troubles 
they would meet in another way. 

Only the actual reading of the early volumes of the original 
Records of the colony, page by page, carefully and intelligently 
too, can put their case before us, as they might claim that we 
should look at it. And we should need to begin with them at 
their own beginning. Their enterprise in colonizing had been 
preceded by a series of like undertakings, which had proved costly 
and disastrous failures. Unfit men, and insufficient or unblessed 
purposes or aims, had brought those enterprises into painful 
discomfiture, and stained them with reproach. If a new one 
was to be undertaken, it was with cautions and warnings 
learned from those which had been blasted. The excellent and 
revered John White, of the English Dorchester, the most effect- 
ive promoter of the Massachusetts colony, in his " Planters' 
Plea," 1630, had well defined the sort of persons who alone 
might hope to prosper in such an enterprise. He wrote : — 

" The persons chosen out for this employment, ought to be willing, con- 
stant, industrious, obedient, frugal, lovers of the common good, or, at 
least, such as maybe easily wrought to this temper; considering that 
works of this nature try the undertakers with many difficulties, and easily 
discourage minds of base and weak temper." 

With equal force and frankness, he describes the sort of persons 
not wished for, as not suitable : — 

"Men nourished up in idleness, unconstant, and affecting novelties, 
unwilling, stubborn, inclined to faction, covetous, luxurious, prodigal, and 
generally men habituated to any gross evil, are no fit members of a 
colony." 



BT THE FOUNDERS OF MASSACHUSETTS. 79 

We have one letter by Governor Cradock, and two from the 
company in England, addressed to Endicott, as their representa- 
tive here before the charter was brought over. The explicit 
directions which they contain indicate the measures which the 
authorities themselves would pursue when established here. 
Endicott is told, "that the propagating of the Gospel is the 
thing we do profess, above all, to be our aim in settling this 
plantation." He is instructed to press a rigid restriction upon 
the sort of persons allowed to reside here; and "that none be 
partakers but such as be peaceable men ; and of honest life and 
conversation, — and desirous to live amongst us and conform 
themselves to good order and government." The company had 
yielded to the desire of the Rev. Ralph Smith to come over, 
" before we understood his difference of judgment in some things 
from our ministers." The order to Endicott is, " that, unless he 
will be conformable to our government, you suffer him not to 
remain within the limits of our grant." Explicit directions also 
are given him for settling all single persons and servants in 
families, that they may have part in morning and evening 
devotions.i 

Such hints as these prepare us for what we find when the 
government was established here. An agreement had been 
made with their ministers in England. The first business of 
the first Court, held on this soil, is entered thus : " Imprimis, it 
was propounded how the ministers should be maintained. It 
was ordered that houses should be built for them, with con- 
venient speed, at the public charge ; " and salaries paid in money 
and in produce. Following on with the Records from that page, 
we find the development of their purpose to establish here a 
Bible Commonwealth formed out of a church, — the legislators 
of which, should be bound by solemn covenant, as professed 
Christians pledged to one sacred design. We find in those 
records, too, a series of legislative acts, and of cases of enforce- 
ment of them, which are now pronounced absurd, arbitrary, 
intolerant, and even of merciless cruelty. These are candidly 
entered, never apologized for, but always justified by those 
responsible for them. From these and other original records, we 

1 Col. Rec, i. 386-397. 



80 TREATMENT OF INTRUDERS AND DISSENTIENTS 

have a fair and full presentment of the materials for dealing with 
this subject, — The Treatment visited by the authorities of the 
colony of Massachusetts upon the Intruders who came into their 
jurisdiction, and upon the Dissentients who, from time to time, 
individually, or in company, started forth among themselves. 
Readers generally, among us, know that that treatment was 
severe. The occasions and reasons they do not generally know. 
And even though it may be unnecessary for me to say so, yet 
let me distinctly and emphatically avow, that I am not to argue 
for the abstract justice or fairness of the course pursued by the 
authorities of Massachusetts; nor to attempt to vindicate it as 
necessary ; nor to palliate its severity ; nor even to assert its 
wisdom or expediency under the circumstances. If a faithful 
exposition of the facts shall avail in either of these directions, 
those who now stand charged with folly, harshness, and cruelty, 
will, so far, have the benefit in judgment. I am not undertaking 
a vindication of those Fathers, in the sense of an approval or 
justification either of their religio-political theory, or of their 
measures for a practical trial of it. I hold myself simply to the 
obligation to make a fair statement of the facts of the case; 
to set what is to us an historic past, in the light, — or under the 
darkness, if such it were, - — of the times when it was living, 
present experience ; to expound the views, the actions, and, if 
possible, also the motives of those who, in the exercise of what 
they held to be rightful authority, as under covenant and oath, 
did what they believed to be their duty to themselves in doing 
as they did towards others. 

We must first put ourselves into the light or — if, as sug- 
gested, it was — under the darkness of those times. The basis 
of fellowship, of accord, and of legislation in Massachusetts, was 
different from that of either of her sister colonies of New Enar- 
land. That stern and strong form of faith, founded on a rever- 
ential regard for the letter of the Bible, which was held here, 
was also substantially held by the leading spirits of the other 
colonies. But it was more especially wrought in with the 
spirit, the purposes, and the measures, which had sway in 
Massachusetts ; and the peculiar working and shaping of that 
belief here account for all the peculiarities of our early history. 
As we read that history, we are at times surprised at the kind 



BY THE FOUNDERS OP MASSACHUSETTS, 81 

and degree of uiianiiiiity, of accordance in opinion and purpose, 
of so many persons of strong and really independent spirits. 
Why did they not fall out oftener and more threateningly 
among themselves? What was it that kept enough of them of 
one mind and of one will for the ends of legislation and admin- 
istration ? It was simply and solely their common aim, founded 
upon their common faith; their idolizing, so to sjjeak, of the 
Bible ; their way of thinking about it, interpreting it, and using 
it. This common religious sentiment and purpose — restraining 
an indulgence of what we mean by liberty of conscience — held 
them firmly in sympathy and mutual confidence. To a certain 
extent, and that a large extent, it repressed and checked the 
tendency to diversity of judgment. That diversity of judgment, 
individualism, opinionativeness, was the most marked charac- 
teristic of the age that was then opening, and even of the class 
of persons with whom they had many strong affinities. Their 
common faith discouraged, averted, much of what would have 
been utterly fatal to their enterprise. Had they allowed indi- 
vidualism, or tolerated any of the crotchets of eccentric and 
independent speculation, their scheme would have come to an 
end before it had had a beginning. There were many occasions 
and emergencies — such were furnished indeed in every case 
of their dealing with opposers and dissentients — in which 
variance of judgment among themselves would have fatally 
discomfited them. The strength of their one bond of harmony 
enabled them to deal as with one mind with all who difTered 
with them. 

This suggestion brings us directly to the point from which we 
have to start. The especial dread of the Fathers of Massa- 
chusetts was of all individuality and eccentricity of opinion. 
They had an intense — by us an unappreciable — horror and 
distrust of those who professed to be favored with private inter- 
pretations, revelations, and inspirations. And, strangely enough, 
it so proved, that nearly every one of their troublers — Anti- 
nomians, Gortonists, and Quakers — laid claim to those oracular 
qualities and gifts. The epithets of description and reproach 
attached to the names of such intruders and dissentients, carry 
with them a key to the history. They were " exorbitant " per- 
sons, " heady," " fantastic," " blasphemous," " malignant," " un- 

6 



82 TREATMENT OF INTRUDERS AND DISSENTIENTS 

savory spirits," &c. The decisive blow wliieli fell on the head 
of Mrs. Hatchinson, on her trial before the court, came from the 
testimony of a reverend fellow-passenger with her on her way 
over the sea, that, in the ship, " she had vented her revelations " 
about some calamity that was coming on the country. Gorton's 
mystic creed was to the authorities the very hyperbole and 
quintessence of crazy enthusiasm. The Quaker's " inward 
•light " and " testimony-bearing by the Spirit " was utter blas- 
phemy to the pious ears that heard it. It is a very curious fact, 
that not a single one of those men or women, who were treated 
with the severest or most cruel penalties by the authorities of 
Massachusetts, was of immoral character or of impure life; not 
one of them. On the contrary, they were especially such as we 
should regard as blameless, even excellent and exemplary, in 
their moral character and conduct, — honest, truth-speaking, 
kind, and tender-hearted. But erratic individuality of opinion 
or interpretation, or a claim to a " revelation " of their own, 
would bring the best and purest of them under judgment. In 
one point of view, this whole series of the troublers of the New 
England Israel gives us a most interesting and even fascinating 
study of characters. They were such as make especial favorites 
for the mystic, the pietist, and the transcendentalist. They 
would have made an admirable stock for " Brook Farm." 
They did make a most misceDaneous and heterogeneous stock 
for the early Rhode-Island and Providence plantations. With 
the single exception of that sad scapegrace Captain Underhill,! 
even the Antiiiomians were all free of moral rejirouch. But 
they were not wanted, and they could not be tolerated in Mas- 
sachusetts. " Transcendentalism " was wasted on our Fathers. 
It was a thing of which they would very soon have had too 
much, if they had admitted any of it. We must get ourselves 
as far away as possible from the atmosphere and liberalism of 
this modern Boston, with its free invitation and its large hos- 



1 Underhill, though very serviceable in liis military capacity, was a man of a 
shaky morality and a cloudy theology. He was "convented " on grave suspicions of 
impurity, but explained his conviction that he was one of the elect, by saying, that, 
" having lain under a spirit of bondage .and a legal w.iy five j"ears, he could get no 
assurance till the Spirit set home an absolute promise of free grace, as he was taking 
the moderate use of the creature called tobacco." — Winthrop's Journal, vol. i. p. 270. 



BY THE FOUNDERS OP MASSACHUSETTS. S!? 

jjitality for all novelties and individualisms, — its churches, 
synagogues, cathedrals, halls and theatres for preaching, — its 
conventions, fraternities, and woman's club, — if we would have 
before us the Boston that once was. Did it enter into the 
imagination of its first occupants to conceive what a posterity 
they should be responsible for? 

Their dread of all persons professedly illuminated by special 
revelations was by no means the result of a merely imaginary 
apprehension of a possible evil that might befall them. I have 
affirmed that it might with truth be alleged, and with full evi- 
dence, that the Fathers of Massachusetts, instead of coming 
hither to provide for liberty of conscience, left their old home 
to keep themselves clear of the workings and effects of the 
license, lawlessness, and mischief, which had already begun to 
threaten a wild indulgence in England. Any one who is well 
read in the history of England, either in its capital or in its by- 
places, during the period just following the planting of this 
colony, needs not to be told that that period, of all the Chris- 
tian ages, was most rife in religious fancies, speculations, 
eccentricities, and frenzies. Some persons, without this knowl- 
edge, take for granted that sectarianism, individualism, and 
free thinking, with all their developments, moderate or extrava- 
.gant, healthful or harmful, are the especial products of our 
modern age. They are strangely and egregiously mistaken. It 
is just as difficult to devise a new heresy or a new fancy or a 
new oddity in religious belief or practice, as it is to discover 
a new truth. There is no opinion, conceit, or notion in such 
matters, recognized among us, which had not its living belief and 
avowal at the period of which I am speaking. 

Before me lie three quaint and time-worn old books, very 
commufiicative witnesses as to what I am now saying. They 
were written and published after the time when our Genera] 
Court began to legislate on this soil, but their contents cover 
materials that were familiar and notorious. I will copy and 
read their titles, which, I think, will serve the purpose, without 
asking you to read their contents. 

1. " Gangrasna: or A Catalogue and Discovery of mauy of the Errors, 
Heresies, Blasphemies, and pernicious practices of the Sectaries of this 



84 TREATMENT OF INTRUDERS AND DISSENTIENTS 

time, vented and acted in England in these four last years, &c. By 
Thomas Edwards, Minister of the Gospel." 

2. " Heresiography, or a Description of the Heretics and Sectaries 
sprung up in these latter times, &c. By Ephraim Pagitt, late Minister of 
St. Edmonds." 

3. " The Dippers Dipt. Or the Anabaptists Duck'd and Plunged over 
Head and Eares, at a Disputation in Southwai-k, &c. By Daniel Featley, 
D.D." 

This was Milton's " year of sects and schisms." 
A precious medley do these books, and others like them, 
" adorned with cuts," present us, of the workings of individual- 
ism and sectarism in England then. And there were on the 
stage of life earnest and fantastic characters, answering to 
each belief and opinion, each notion, scruple, and extravagance, 
by garb, behavior, habit, and speech. There were then in 
England men who wore long hair and women who wore short 
hair ; the bearded and the shaven ; the dandy and the drab- 
coated ; those who said Thee and Thou, and those who kept on 
their hats, where others took them off, before Fox became the 
apostle of such. 

To assume, as some carelessly do, that when Roger Williams 
and others asserted the right and safety of liberty of conscience, 
they announced a novelty that was alarming, because it was a 
novelty, to the authorities of Massachusetts, is a great error. Our 
Fathers were fully informed as to what it was, what it meant; 
and they were familiar with such results as it wrought in their 
day. They knew it well, and what must come of it ; and they 
did not like it; rather, they feared and hated it. They did not 
mean to live where it was indulged ; and, in the full exercise of 
their intelligence and prudence, they resolved not to tolerate it 
among them. They identified freedom of conscience only with 
the objectionable and mischievous results which came of it. They 
might have met all around them in England, in city and country, 
all sorts of wild, crude, extravagant, and fanatical spirits. They 
had reason to fear that many whimsical and factious persons 
would come over hither, expecting to find an unsettled state of 
things, in which they would have the freest range for their eccen- 
tricities. They were prepared to stand on the defensive. 



BT THE FOUNDERS OF MASSACHUSETTS. 



85 



Now we turn back again to the Colony Records, without an 
actual perusal of which, page by page, as I have said, will 
the history, as it is apt to be written, not stand before us as truth. 
On those pages we are impressed at once by the high-handed, 
resolute, straightforward, and systematic way, — never faltering, 
halting, doubting, or justifying themselves, — in which the authori- 
ties proceeded to put the soil and its inhabitants under their 
mastery. They proceeded on the calm, full assurance, that it 
was for them to begin with a clear, or a cleared, field. Exactly 
as one who, having purchased a large freehold, on which he con- 
templates improvements, runs his eye over it to see what nui- 
sances he must remove; the stumps to be grubbed up, the holes 
in the fences, and so forth. The colonial proprietors by charter 
found here some chance and irregular residents ; « old planters," 
and others, who, with a mysterious history behind them in 
England, — rogues, adventurers, or romantic spirits loving solitude 

and" the wilderness, — had occupied many of the headlands and 
promontories of our Bay. These had to be packed off, sent 
home to England, or brought under the authority and disciphne 
of the colonists. Some of these, getting before the Privy Coun- 
cil with the tale of their grievances, and wilh ill reports of what 
was going on here, originated that suspicion and jealousy 
towards the colony which brought its charter and authorities 
under threats and peril. The only effect which such complaints 
had here was, to make legislation and oversight more rigid and 
watchful, and the dealing with mischief-breeders more sharp 
and stern. Never in a single instance were the authorities inti- 
midated or thwarted. All interlopers here, all roving characters, 
seeking the delights of a proximate return to the state of 
nature°were at once looked after. The roisterous and reckless 
Morton, of Merry Mount, has the honor of coming first under 
their discipline. At the very first Court held in the Bay, it was 
" Ordered, that Morton, of Mount Woolison, should presently 
be sent for by process." They had him in hand in less than a 
fortnight, set him in the " bilbowes," and then sent him to Eng- 
land, confiscating his goods to make satisfaction to Indians whom 
he had wronged, and then burning his shanty as a scene of 
wicked revelry. In a few months after, six persons have a 
passage home provided for them against their will ; the all-suffi- 



86 • TREATMENT OF INTRUDERS AND DISSENTIENTS 

cient reason being given that they are " persons unmeete to 
inhabit here." At the same time, as one of two prisoners to be 
sent to England, is that dark and mysterious character, Sir Chris- 
topher Gardiner, " an undoubted Papist," professedly a Knight of 
the Sepulchre, sorely charged as having temporary and contem- 
porary wives, two in England, and a certain Italian woman 
here. On the same date, the first quack was treated in a way 
which reminds us how different the law was then from what it 
is now. 

" Nich. Knopp is fined five pounds for taking upon liim to cure the 
scurvey by a water of uoe worth nor value, which he sold at a very deare 
rate, to be imprisoned till he pay his fine, or give security for it, or els to 
be whipped, and shall be liable to any man's action of whome he hath 
received money for the said water." ' 

Again,— 

" Thomas Gray is enjoined mider the penalty of ten pounds to attend 
on the Court in person this day three weeks, to answer to divers things 
objected against him, and to remove himself out of the limits of this 
patent," before six months, (p. 77.) 

Another unaccounted-for old planter, who seems to have had 
dangerous relations with the Indians, was Thomas Wiilford, of 
Charlestown. 

He was, May, 1631, "fined forty shillings, and is enjoined, hee and 
his wife, to depart out of the limits of this pattent, before the 20"" day of 
October nexte, under pain of confiscation of his goods, for his contempt 
of authority, and confronting officers," &c. 

'• Capt. John Stone for his outrage comitted in confronting authority, 
abuseing Mr. Ludlowe, both in words and behavour, assalting him and 
calling him a just; ass &c. is fined 100 pds, and prohibited coming within 
this pattent without leave from the Government under the penalty of 
death." (p. 108.) 

Again, — 

" Mr. Thomas Makepeace, because of his novile disposition, was in- 
formed we were weary of him unlesse hee reforme." (p. 252.) 

Mr. Blaxton, an old planter on the peninsula of Boston, a 
mysterious man, shrewdly foreseeing what sort of a sway was 

1 Records, vol. i. p. 83. 



BY THE FOUNDERS OF MASSACHUSETTS. 87 

about to be established here, quietly took himself off, selling out 
to the settlers his own squatter rights and improvements. 

While the soil was thus cleared of intruders, and the proprie- 
tors asserted their rights of jurisdiction over strangers, they were 
none the less resolute in putting their own magistrates and ser- 
vants under rigid discipline. Sir Richard Salton.stall, and others 
of the higliest among them, were fined for absence or tardiness at 
the Court-meetings, or for irregularities of conduct. It is hard to 
read the Records without feeling the motions for many a smile, 
or even for more marked demonstrations. So rigid was the 
inquisition, so petty were many of the offences punished, and so 
severe were the penalties, that we find our smiles repressed. But 
those stern and grim legislators understood themselves. They 
knew what were their aims, and the caution, severity, and reso- 
luteness requisite to realize them, or, at least, to guard the trial 
of them. Before we hear of their making stocks or whipping- 
posts, such conveniences seem to have been all handy for use as 
subjects were sentenced to them. 

It would seem from the following order of the Court, that the 
use of the Boston stocks was very fittingly inaugurated : — 

"Edward Palmer, for liis extortion, takeiug 11 13» 7" for the plank 
and wood-work of Boston stocks, is fined five pounds, and censured to bee 
set an hour in the stocks. This fine was remitted to lO'." ^ 

" Robert Sborthose, for swearing by the blude of God, was sentenced 
to liave his tongue put into a cleft stick, and to stand so by the space of 

halfe an lioure." 

« Elizabeth, the wife of Thomas Apelgate, was censured to stand with 
her tongue in a cleft stick, for swearing, raileing, and revileing." 

" Edward Woodley, for attempting a rape, swearing, and breaking into 
a house, was censured to be severely whipt 30 stripes, a yeares imprison- 
ment, and kept to hard Labour with course dyot, and to weare a coller of 



. " 2 



yron. 

" Capt. Lovell was admonished to take heede of light carriage." 

A specimen of the severity of their discipline on a grievous 
offender, a servant on Governor Cradock's farm, is as follows : 
At the Court, June 14, 1631. 

"It is ordered that Philip Ratlifte shall be whipped, have his eares cut 
off, fined 40 pounds, and banished out of the limitts of this jurisdiction, 

1 Records, vol. i. p. 260. " Id. p. 177. ^ id. p. 193. 



88 TREATMENT OP INTRUDERS AND DISSENTIENTS 

for uttering malicious and scandalous speeches against the government," 
&c. 

Again, at the Court, in March, 1638, — 

" Mr. Ambros Marten, for calling the Church covenant a stinking 
carrion and a human invention, and saying he wondered at God's pa- 
tience, feared it would end in the sharpe, and said the ministers did 
detlirone Christ, and set up themselves ; he was fined 10 pds. and coun- 
selled to go to Mr. Mather to be instructed by him." 

These last two extracts are very significant to us of a fact, evi- 
dence of which is strewn all over the Records, that the authorities 
were especially stern, unflinching, and unrelenting, in dealing 
with those whose offence was a contumacious trifling with the 
dignity of the government, or an irreverent reproaching of their 
church covenant. Security and harmony, respect and submis- 
sion, as to both those vitally fundatnental matters, held at stake 
the prosperity or the absolute ruin of the enterprise. 

Yet it would be doing harsh injustice to the early legislators 
of Massachusetts, to recognize in their records only a stern 
spirit. Gentleness and mercy show many pleasing and impres- 
sive manifestations even there. The reader is constantly re- 
minded of the same characteristic in the Jewish code, in which 
severity is set in contrast with mildness. The tender regard for 
the widowed and the fatherless ; the privileges secured to the 
gleaners, as illustrated in the beautiful ]3astoral in the Book of 
Ruth ; consideration for the impoverished and the honest debtor; 
the distinction between disciplinary punishment and inhuman 
vengeance, — are admirably paralleled between the Old-Testa- 
ment code and that of Massachusetts. Our legislators stood for 
absolute equity between man and man. They protected the 
unfortunate and the wronged. They provided for tlie fair settle- 
ment of estates, and the adjustment of private controversies. 
Their legislation was rigidly impersonal and sternly impartial. 
They remitted fines on confession and submission. As has 
been already said, the ever-upright Winthrop and the other 
associates in the chief magistracies, stood in turn at the same 
bar where offenders and culprits were held to judgment. Here, 
certainly, is an act of even-handed justice, done by the Court, in 
September, 1631 : — 



BY THE FOUNDERS OF MASSACHUSETTS. 89 

" It is ordered that Josias Plastowe shall (for stealeing four basketts of 
corne from tlie Indians) returne them eight basketts againe, be fined five 
pounds, and hereafter, to be called by the name of Josias, and not Mr., as 
formerly hee used to be." * 

Some distinction of difference is certainly to be recognized by 
UP, for it was recognized by the authorities, in their mode of 
treating, respectively, intruders or strangers who caused them 
annoyance, and the dissentients from their opinions, measures, 
or policy, members of their own company and churches. The 
harshness which in either case is rightly charged upon the 
authorities, and the injustice and cruelty which, with less ground 
of reason, are also ascribed to them, can be fairly judged of by 
us only when we keep in mind the distinction between the two 
classes of troublers. As regards those who were not proprietors, 
members of the company, or freemen, but chance residents, 
strangers, interlopers, adventurers, or visitors, the authorities felt 
that their rights of self-protection and privacy, with security 
from molestation, were as plain and sufficient as are those of 
any householder among us on his own premises, or those of any 
joint-stock company in managing its corporate affairs. They 
did not feel themselves bound in any case, beyond their own 
inclinations, to give a reason for keeping out, warning off, or 
expelling, such as came under the description just named. It 
was enough if any such person was thought " unmeete to inhabit 
here." If he was not wanted, he must stay away, or he might 
be sent away. If he did any thing wrong while here, he might 
be fined, whipped, or otherwise punished first, aiid then be 
ordered and helped to take himself off. So the authorities 
insisted their charter gave them a right to judge and act in 
every case for themselves ; and so they knew it was wise and 
necessary for them to proceed, if they meant that their pro- 
foundly sincere and exacting religious enterprise should have a 
fair trial. The issue stood thus between the two parties, — the 
housekeepers and the visitants, the proprietors and the outsiders. 
Here were the owners of certain property, and proprietary rights 
of local government and jurisdiction. They understood each 
other, and were solemnly covenanted with each other, in a pur- 

1 Becords, vol. i. p. 92. 



90 TREATMENT OF INTRUDERS AND DISSENTIENTS 

pose which liad brought them hither, at their own charges, 
furnished with the means of self-protection. They must stay 
here, identifying themselves and their fortunes with their experi- 
ment. They had parted with their homes and possessions in 
the old world ; and, if they could not make and keep such here, 
they would be vagabonds on the earth.^ 

The other party to the issue were those who came unasked, 
for curiosity, adventure, or caprice. They did not intend to stay 
except for private ends of their own. They had no property 
here. Thi'y did not love the air of the place, nor its society. 
Very many of them were possessed of the whimsies and 
crotchets which the colonists intended to be clear of, as one 
reason for coming hither. Others of those intruders had the 
" prophetical spirit," which classed them as nuisances of the 
most offensive character. It certainly was easier and more 
reasonable for the visitors to leave, than for the householders to 
break up their establishment, or to live in a constant ferment and 
dissension. And it is to be frankly and distinctly admitted, that 
not a single such intruder, however summarily he was dealt 
with here, would have escaped legal process and punishment 
under like circumstances in England. Any one who will 
search curiously into the vagrant laws of the mother country, 
and mark what a careful watch was kept, and what discipline 
was visited upon the unthrifty and those who had no visible 
means of a livelihood, will find abundant evidence that our 
Fathers followed precedents ; though, it must be owned, they did 
not care for such sujjport. 

Tile case was somewhat different when dissent and variance 
sprang up within their own fellowship in state or church. The 
grievance was a deep and a sore one, in each instance of it, 
when those who had the rights of freemen, and the sanctity of 

' In a " Declaration " issued by tlie Court, in 1659, in tlie course of tlie proceed- 
ings against tlie Quakers, tliis ground is assumed : " There is no man that is pos- 
sessed of house or land, wherein he liath just title and property as his own, but he 
would count it unreasonably injurious that another who had no authority thereto 
should intrude and enter into his house, without the owner's consent." The argu- 
ment proceeds, that, if the intruder in such a case should he killed by the lioute- 
holder, the latter will be guiltless ; and if an individual may thus defend his private 
rights, how much more the authorities of a government. — Miscellaneous MSS. In 
the State House. 



BY THE FOUNDERS OP MASSACHUSETTS. 91 

the covenant of cliurch-membership raised diversities of judg- 
ment or variances of purpose, and so caused distraction. It 
was evident in all such cases, that the umpireship, the appeal, 
would be found in referring to the common pledge of aim and 
enterprise which had bound the proprietors together, and to the 
seal which they had set upon their pledge in their church vows 
and in their civil oath. It was perfectly fair, as they were held 
themselves, that they should hold each other to the most strin- 
gent terms of their joint and common obligations. It was to be 
taken for granted, that each and every one of them was con- 
cerned to avert the failure of their enterprise; and if that was 
risked by any variance of opinion in civil or religious matters, 
such variance was to be held in check before it resulted in 
sedition or dangerous heresy. 

Roger Williams was the first conspicuous subject of what is 
called the intolerance, the severity, aye, the cruelty, of the 
authorities of Massachusetts. Fact and fiction, or great mis- 
apprehension and misrepresentation, are about equally mingled 
in the popular reading of his story. An enterprise to which he 
fortuitously committed himself, helped alike by the sort of dis- 
comfitures and compulsory straits which it encountered, as well 
as by any deliberate and intentional purpose of his own thrown 
into it, was crowned with the same success as was reached by 
Massachusetts through another process. His purity of char- 
acter, his integrity, perseverance, and magnanimity, and his 
lengthened life, give a personal and historic interest to his 
career. But none the less was he the occasion of much trouble 
here. Tiie quarrel which he had on this soil was of his own 
originating. If he had had his way a grievous wrong would 
have been visited on the colonists. He found occasion, indeed, 
to reconsider, with maturer wisdom, the course he had pursued 
here, when the adoption or imitation of it by some of his own 
associates in Rhode Island led him to ask sympathy and aid 
from Massachusetts. 

Sir William Martin, a warm friend of the colony and of Gov- 
ernor Winthrop, in a letter to the latter from England (in March, 
1636), after Williams had come under censure, wrote as follows : — 

" I am sorry to hear of Mr. Williams' separation from you. His 
former good affections to you and the plantations were well known to me, 



92 TREATMENT OF INTRUDERS AND DISSENTIENTS 

and make me wonder now at his proceedings. I have wrote to hira 
eflfectUiiUy to submit to better judgements, and especially to those whom 
formerly lie reverenced and admired ; at least, to keep the bond of peace 
inviolable. This hath been always my advice ; and nothing conduceth 
more to the good of plantations. I pray show him what lawful favor you 
can, which may stand with the common good. lie is passionate and pre- 
cipitate, which may transport liini into error ; but I hope his integrity 
and giiod intentions will bring him at last into the way of truth, and con- 
firm him therein. In the mean time, I pray God to give him a right use 
of this affliction." ^ 

This kindly and impartial estimate of Williams was made by- 
one who evidently knew him well. It corresponds at every 
point with the view which a fair-minded reader would take of 
his case as history. 

Williams came here in 1631 as a young, ardent, and strongly 
self-willed man, at his own prompting. He was not a proprie- 
tor in the company, and never became a freeman of it. He was 
a rigid separatist from the English Church, in which he had 
been a minister; while the authorities of Massachusetts were not 
so rigid, certainly not in avowal, as Williams wished them to 
be. He was invited, on his arrival, as he long after afFirined, 
though there is no other testimony to the fact, to become the 
teacher of the Boston Church ; which he says he refused to do, 
because its members would not humble themselves for their 
former communion with the English Church, and renounce it. 
He served a short time in the ministry at Salem, though the 
Court remonstrated at his being put into that office, both be- 
cause of that severe judgment of his already mentioned, as 
also because of an opinion for which he stood stoutly, that the 
power of the magistrates and of government should be limited 
to civil affairs, taking no cognizance of an infraction of the first 
four commandments. This opinion and avowal of Williams, of 
course struck a fatal blow at the very life of the " Theocrasie," 
which the Fathers of Massachusetts were establishing. He 
made warm friends in Salein, notwithstanding the restlessness 
of his spirit. Yet, for reasons not known to us, he left there 
within a year, and shared a more congenial ministry with the 
separatist pastor, Mr. Smith, at Plymouth. The excellent and 

1 Hutch. Coll. Papers, p. 106. 



BY THE FOUNDERS OP MASSACHUSETTS. 93 

gentle Elder Brewster, and the judicious and even-tempered 
Governor Bradford, both had occasion to mark his hastiness of 
spirit and his " unsettled judgment," though they loved him. 
They were glad to have him go away ; and on his return to 
Salem, in 1633, they addressed a word of caution on his account 
to his old friends. While he was at Plymouth, he had shown to 
the authorities there a written paper, in which he struck another 
blow against the very fundamentals of any local government to 
be administered on this soil, by denying the validity of any rights 
conferred by the patents held by the colonists. This treatise 
coming to the knowledge of the authorities of Massachusetts on 
his return to Salem, he was summoned to answer for it. In the 
only single instance known to us in his life, of his yielding in 
judgment or pertinacity, — and even this instance, as it proved, 
was not to be permanently an exception, — he penitently confessed 
that he was in error, submitted to the judgment of the Court, and 
consented that his treatise should be burned. The magistrates in 
vain tried to prevent the Salem Church from putting him into 
oflice in 1634, and withheld a grant of land from that town on 
account of this contumacy. He was again summoned before 
the Court in 1635, for having broken his promise by renewing 
his assault upon the patent, for calling the English churches, re- 
proachfully, anti- Christian, and for denying the right to put an 
unregenerate person under oath in a civil court. Altercation 
and acrimony mingled in this dispute. The result which might 
reasonably — and shall we not say, fairly ? — be expected, came 
in the form of this judgment, by the Court, Sept. 3, 1635 : — 

" Whereas, Mr. Roger Williams, one of the elders of the Church of 
Salem, hath broached and divulged divers new and dangerous opinions 
against the authority of magistrates, as also writ letters of defamation 
both of the magistrates and churches here, and that before any conviction, 
and yet maintaineth the same without retraction, it is therefore ordered," 

that he depart from the jurisdiction within six weeks, failing of 
which he was to be sent away, never to return without leave. 
On account of the season, his time was extended to the next 
spring. As he was plaiming for a settlement on Narragansett 
Bay, and continued to keep Salem in a ferment, the magistrates 
concluded to ship him for England. This coming to his knowl- 



94 TREATMENT OF INTRUDERS AND DISSENTIENTS 

edge, he anticipated the measure by starting off, as his last bio- 
grapher, Mr. R. A. Guild, thinks, in a shallop, and " coasting 
probably from place to place during the ' fourteen weeks ' that he 
' was sorely tossed,' and holding intercourse with the native tribes, 
whose language he had acquired." ^ 

Less than a dozen close friends accompanied Williams; and 
the supporters which he left behind him were reduced to about 
the same number, when the nature and tendency of his self- 
willed course were fully realized. Much romantic and sympa- 
thizing interest has been connected with his supposed wilderness 
experience. But all the settlers were in a wilderness then, and 
it would have been a wilder one than it was, on the edge of our 
Bay, if the disorganizing notions of Williams had had swav. 
There was no intentional inhumanity in the treatment of him. 
He might have gone to friends in Plymouth. He had no_ right 
of residence here, and his course was not such as to give him a 
claim on courtesy or hospitality. We must not transfer our 
sense of security, our tolerance, and our familiarity with what 
are to us harmless extravagances, to our Fathers, and then won- 
der why they allowed this well-meaning but troublesome man 
to visit upon them such fears. It was a matter of life or death 
with them. 

Cotton Mather's oft-quoted saying about Williams, " that he 
had a windmill in his head," is not exactly true. A windmill 
admits of being adjusted to breezes and currents, however fickle ; 
and its use depends upon its turning these breezes to account ia 
ministering to the homely necessities of the body's life. Williams 
had in him neither mechanical nor moral appliances or impulses 
for seeking any selfish ends. He was sound to the core in integ- 
rity, frank, disingenuous, and large-hearted. 

John Quincy Adams best characterized him on the less agree- 
able side of his nature, when young, by calling him " a consci- 
entious contentious man." 

In the old age of a long life, Williams, mellowed by time, and 
taught patience by having to deal in his own colony with such 
opponents and troublers as he himself had been to Massachu- 
setts, became, even more benignantly and lovingly, what he had 

1 Publications of tlie Narragansett Club, vol. i. p. 32. 



BY THE FOUNDERS OF MASSACHUSETTS. 95 

always been in the real temper of his heart. His noble magna- 
nimity disposed him to be of the highest service to Massachu- 
setts, in averting from her peril, and establishing for her friendly 
relations with the Indians in threatening times. He appreciated, 
too, the personal kindness which he had received from individuals, 
wlio, in the exercise of their authority, had had to deal with 
him as a dangerous and mischievous offender. There is great 
tenderness in the tones and words in which, in his old age, he 
speaks of " that ever-honored Governor, Mr. Winthrop," who, he 
says, " advised him, for many high and heavenly and public 
ends," to steer his course to the Narragansett Bay ; and also of 
the bounty of "that great and pious soul, Mr. Winslow;" and 
of others. 

Mr. Williams may be classed either among the intruders or 
the dissentients against whom, as individuals or as classes, Mas- 
sachusetts exercised its charter authority or its ecclesiastical dis- 
cipline. As one who came hither unbidden, not as a member of 
the company, and never made a freeman under it, he might be 
said to have been here only on sufferance, liable to be warned 
off at the pleasure of the proprietors whenever his presence 
sliould prove undesirable. But as having exqrcised a ministry 
in one of the regular church assemblies of the jurisdiction, it 
might be claimed that he had been adopted as a full citizen. 
Yet that his having come into full standing in the colony would 
have made little, if any, difference in the courst pursued towards 
him, may fairly be inferred from the facts now to be recognized 
in the dealing with a large company of dissentients springing 
up here, alike in full civil and church relations. These are 
known to us as Antinomians, and as the followers and sympa- 
thizers with Mrs. Hutchinson. 

The agitation and strife connected with the Antinomian con- 
troversy, opened by Mrs. Ann Hutchinson, came dangerously 
near to bringing the fortunes of the young Massachusetts colony 
to a most disastrous ruin. Discord and division, of the most 
imbittered sort, among brethren, proposing a recourse to open 
violence with blows and arms, reached an advanced stage of 
sedition, and threatened complete anarchy. The peril overhung 
at a time when the proprietary colonists had the most reasonable 
and fearful forebodings of the loss of their charter by the inter- 



96 TREATMENT OF INTRUDERS AND DISSENTIENTS 

ference of a Privy Council Commission, and also were waging 
war against the Pequot Indians. Those were dark and wretched 
days here, for the colonists, whose all was at stake. Ominously 
enough, too, Mrs. Hutchinson arrived here, Sept. 18, 1634, in 
the vessel which brought the copy of that commission. Win- 
throp describes her as a woman of a " ready wit and bold spirit." 
Strongly gifted herself, she had a gentle and weak Imsband, who 
was guided by her. She had at home enjoyed no ministrations 
so much as those of Cotton, and her brother-in-law, Mr. Wheel- 
wright. She came here to put herself again under the preach- 
ing of the former. On her passage, she had raised the fears of 
Symmes, the minister of Charlestown, by " venting some private 
revelations," and by uttering some strange opinions. By his 
interference and warning, the admission which she sought to 
membership of the Boston Church was delayed, though after- 
wards granted. She had been here for two years, known as a 
ready, kindly, and most serviceable woman, especially to her own 
sex in their straits and sicknesses. But she anticipated the in- 
troduction of "the woman question" among the colonists in a 
more troublesome form than it has yet assumed for us. Joined 
by her brother-in-law, who was also admitted to the church, 
after those two quiet years she soon made her influence felt for 
trouble, as he did likewise. There were no newspapers in tliose 
days, no clubs, no daily mails, no gatherings for friendly inter- 
course, no food for the mind other than religious discoursing to 
vary the strain upon one class of thoughts, or to occupy the list- 
less or social hours. 

Besides the regular substantial repast of listening to many 
sermons, the dessert consisted of talking them over. As a general 
rule, men are apt to leave out something, and women are apt 
to put in something, in their respective reports and criticisms of 
sermons. The male members of the Boston Church had a 
weekly meeting, in which they discussed the ministrations of 
Cotton and Wilson. Mrs. Hutchinson organized and presided 
over one, held soon twice in a week, for her own sex, attended 
by nearly a hundred of the principal women on the peninsula 
and in the neighborhood. It was easy to foresee what would 
come of it, through one so able and earnest as herself, even if 
she had no novel or disjointed or disproportioned doctrine to 



BY THE FOUNDERS OF MASSACHUSETTS. 97 

inculcate ; which, however, it proved that she had. Antinomian 
means a denying, or, at least, a weakening, of the obligation to 
observe the moral law, and to comply with the external duties; 
to do the works associated with the idea of internal, spiritual 
righteousness. It was a false or disproportioned construction of 
St. Paul's great doctrine of justification by faith, without the 
works of the law, — a doctrine which is safe only exactly as St. 
Paul defines and limits it, — easily misrepresented and exposed 
to dangerous application. Its truth is restricted to its Divine 
relations, and fails as it is applied between man and man. God 
takes the right and sincerely earnest heart-purpose for the deed, 
and pities and forgives shortcomings. Man sometimes will do 
the same, but not always: nor can man always be expected to 
do it, for he cannot be sure of a heart-purpose, even if it would 
satisfy him. A debtor burdened with obligations, with a sincere 
desire to pay, asks that that desire be accepted as payment. 
This is satisfactory to all except to the creditors. Mrs. Hutchin- 
son was understood to teach, that one who was graciously justi- 
fied by a spiritual assur^mce, need not be greatly concerned for 
outward sanctification by works. She judged and approved, or 
censured and discredited, the preachers whom she heard, accord- 
ing as they favored or repudiated that view. Her admirers 
accepted her opinions. Winthrop ^ ascribes to her " two danger- 
ous errors, from which grew many branches : " " first, that the 
person of the Holy Ghost dwells in a justified person ; second, 
that no sanctification can help to evidence to us our justification." 
Word soon went forth that Mrs. Hutchinson had pronounced in 
her meetings, that Mr. Cotton and her brotlier-in-law Wheel- 
wright, alone of all the ministers in the colony, were under " a 
covenant of grace," the rest being " legalists," or under " a cov- 
enant of works." These reports, which soon became more than 
opinions, were blazing brands that it would be impossible to 
keep from reaching inflammable material. The matter of dissen- 
sion was just of the sort to cause contention of the most alarm- 
ing character, because concerned with matters already exagger- 
ated in their interest, and entertained in the community with a 
morbidness of zeal. As the contention extended it involved all 

1 Journal, vol. i. p. 200. 
7 



98 TREATMENT OF INTRUDERS AND DISSENTIENTS 

the principal persons of the colony. Cotton and all but five 
members of the Boston Church — though one of these five was 
Winthrop, and another was Wilson — proved to be sympa- 
thizers with Mrs. Hutchinson ; while the ministers and leading 
people outside in the other hamlets were strongly opposed to her. 
She had a partisan, moreover, of transcending influence in the 
young Governor Sir Henry Vane. The son of a Privy Coun- 
cillor, and one of the Secretaries of State, he had (not with the 
sympathy of his father) given himself to zeal for the Puritan 
form of religion ; and, by suggestion of the King, had a three 
years' leave of residence in New England. He had come here 
the year before the Antinomian controversy opened ; and was 
but twenty-three years old. Though pure and devout, and 
ardent in his zeal, he had not then the practical wisdom for 
which Milton afterwards praised him in his noble sonnet: — 

"Vane, young in years, but in sage counsels old." 

So gushing was the admiration quickened in the colony 
toward their noble visitor, that the people at once chose him for 
their governor, electing Winthrop as deputy. Vane, sincere 
and right intentioned as he was, erred in judgment; and the 
results of his administration of a single year were so unsatis- 
factory to himself, as well as prejudicial to the colony, that he 
soon returned to England, disappointed and under a cloud.^ 
With his strong support, and that of two other prominent magis- 
trates and of so overwhelming a majority of the Boston Church, 
Mrs. Hutchinson naturally felt emboldened. The other ministers 
of the Bay coming to Boston to the Court, tools up, and in con- 
ference, heightened the strife. The Boston Church was for intro- 
ducing Wheelwright to office over them ; and this design was 
with difficulty frustrated. He then was invited to a church gath- 
ered at Mount Wollaston. The cloud grew very dark over the 
colony, as the terrible war with the Pequots was coincident with 

1 Ricliartl Baxter gives us an account of the trouble wliich he had, when chaplain 
to the garrison in Coventry, witli " one or two persons wlio came among us from 
New England, of Sir Henry Vanes party, and one Anabaptist tailor." (Life, Part I.) 
Baxter unfairly attributes to the Anabaptist party, as largely composed " of abun. 
dance of young, transported zealots, and a medley of opinionists," the responsibility 
of bringing forth "the horrid sects of Ranters, Seekers, and Quakers, in the land." 
(Life, Part II.) 



BY THE FOUNDERS OF MASSACHUSETTS. 99 

the threatenings of sedition. Meetings of ministers and of 
magistrates, separately and jointly, were held ; at one of which 
the plain-spoken Hugh Peter opened his mind, without compli- 
ment of matter or manner, to the young governor. 

Mrs. Hutchinson and some of her followers rose and went out 
of meeting when Wilson otHciated. Bitterness and rancor 
came between former friends. A General Fast Day was ap- 
pointed for pacification. But Wheelwright preached a sermon 
of an exciting character, quoting passages from the Old Testa- 
ment intimating a recourse to arms and violence. He was at 
once proceeded with for sedition. Members of the Boston 
Cimrch presented a petition in his behalf, for which they were 
disarmed and otherwise censured. He himself made an appeal 
to the King, which only aggravated his offence ; and as Win- 
throp writes, " refusing to leave either the place or his public 
exercisings, he was disfranchised and banished." Seven years 
afterwards, having lived away, he reviewed his course with 
regret and manfully apologized for it in a letter, to the Governor 
for the Court, in which he said that, after long and mature 
consideration, he had found that the main point of difference in 
the controversy about justification and the evidence of it — 

•' is not of that nature and consequence as was then presented to me in 
the false glass of Satan's temptations and mine own distempered passions, 
which makes me unfeignediy sorry that I had such a hand in those sharp 
and vehement contentions raised thereabouts, to the great disturbance of 
the eliiirclies of Christ." 

He also regrets the censoriousness of his sermon, and the 
countenance whicii he gave in it to persons of corrupt judg- 
ment ; — 

" and that, in the Sj'nod, I used such unsafe and obscure expressions, 
falling from me as a man dazzled with the butfetings of Satan, and that I 
did appeal [to the King] from misapprehension of things." 

He " confessed that herein he had done very sinfully, and he 
huiTibly craved pardon." This letter was dated at Wells, Sept 
10, 1643, probably after he had learned of the tragic death of his 
sister. His sentence of banishment was revoked.^ 



1 Winthrop's Journal, vol. i. p. 162. 



I 



100 TREATMENT OP INTRUDERS AND DISSENTIENTS 

This penitence was an after work. He stood stoutly for his 
sister through her convention before the Court. 

The civil sentence passed against her, Nov. 2, 1637, was as 
follows : — 

" Mis. Hutchinson (the wife of Mr. AVT Hutchinson) being convented 
for traducing the ministers and their ministry in this country, she de- 
clared volentarily her revelations for her ground, and that shea sliould be 
delivred, and the Court ruined, with their posterity ; and thereupon was 
banished, and the meiine while comited to Mr. Joseph Weld imtill the 
Court shall dispose of her." ' 

After she had been sentenced to civil banishment, she was 
dealt with by the Church, and excommunicated. She lost her 
temper, and seemed once to part with veracity, on her trial. 
Her "revelations" were especially offensive. At one time " she 
made a retraction of near all " the errors attributed to her, and 
" declared that it was just with GJod to leave her to herself, as 
he had done, for her slighting his ordinances, both magistracy 
and ministry." A question involving her veracity arose, when 
she affirmed that she had never advanced some of the opinions 
charged upon her ; and for this, Wintlirop says, " the church 
with one consent cast her out," for " having impudently persisted 
in untruth." Many of her sympathizers at once fell away. As 
the summing up of the strife, seventy-six persons were dis- 
armed;^ two were disfranchised and fined; two more were 
fined ; eight more were disfranchised ; three were banished ; 
and eleven who had asked permission to remove, had leave, in 
the form'of a limitation of time within which they must do it. 
The more estimable and considerable of them apologized, and 
were received back. Those who did not, proved troublesome per- 
sons where they went. After various removes with her husband, 
and a vexed and troubled life, Mrs. Hutchinson, a widow, with 
many children and grandchildren, living on the shore opposite 

1 Records, vol. i. p. 207. 

2 There was tliouglit to be need of especial caution in this measure of disarming. 
The military power of the colony had recently been organized into three regiments, 
carefully officered, and lor the time admirably well equipped. The sound of war 
was in tlie land ; and Wheelwright, in his sermon, had carried the rhetoric of battle 
and violence, from the Old Testament, as far as it was safe to use it for Bible 
champions. The authorities reasonably apprehended a direct recourse to arms. 



BY THE FOUNDERS OP MASSACHUSETTS. 101 

Long Island, was murdered in the summer of 1643, on an 
inroad of the Indians. A daughter of eight years of age, the 
only survivor, was carried into captivity. Four years after- 
wards, she was recovered by the General Court, and brought 
back to Massachusetts. Edward Hutchinson, a son of this 
excellent though perhaps ill-balanced woman, had been among 
those who were disfranchised and fined. His fine of forty 
pounds was remitted, though I do not find any record of his 
restoration to full citizenship, which probably he obtained. He 
remained in Boston, on the removal of the family, and was a 
brave captain, doing good service in Philip's war, and receiving a 
mortal wound in Quaboag [Brookfield] fight. He was the great- 
grandfather of Thomas Hutchinson, our provincial governor and 
historian, who, in his latter capacity, seeking to subordinate filial 
.sentiment to impartiality, has hardly done justice to his ances- 
tress in his narration of her troubles. 

Thomas Savage, another of the disarmed, had married a 
daughter of Mrs. Hutchinson, and afterwards he became son- 
in-law of her strongest enemy, Rev. Zachariah Symm*. The 
Hon. James Savage, his descendant, as editor and commen- 
tator of Winthrop, gives us another example of impartiality in 
his faithful annotations concerning the Antinomian controversy. 

A period of twenty years elapsed between the struggle against 
Antinomianism and the special legislation against the Quakers. 
But the interval was divided by another contentious issue, 
which threatened to put the ecclesiastical basis of the govern- 
ment to a severer strain than it could safely bear, though still jt 
triamphed. Again the issue was one which engaged both 
intruders and dissentients against the Government, though the 
disaffection was mainly that of transient residents and non- 
freemen. Mr. William Vassall, one of the original assistants, 
had come over with Winthrop; but, from some disaffection, had 
very soon returned to England. After residing there five years, 
he came hither again, but, by preference, to Plymouth colony. He 
was intensely opposed both to the civil and ecclesiastical rule 
set up by his old associates. Being, as Winthrop says,' " a man 
of a busy and factious spirit," and " never at i-est but when in 
the. fire of contention, he had practised with such as were not 
1 Jour., vol. i. pp. 26 and 321. 



102 TREATMENT OF INTRUDERS AND DISSENTIENTS 

members of our churches " to initiate a new strife. Robert 
Child and six others, accordingly, in May, 1646, addressed a 
Remonstrance and Petition to the General Court, complaining 
that the residents here were not governed by the laws of Eng- 
land ; that they were kept out of civil privileges as not being 
church-members, while church-membership was to be secured 
only by a covenant which was not fairly framed ; that their 
children were denied Christian baptism, and they themselves 
compelled by fine to support and attend religious ministrations: 
for all wliich grievances they asked redress. The Court, having 
made arrangements for a synod of churches, issued, on Nov. 4, 
1646, a stiff " Declaration " in answer. They insist that " y° 
Government is framed according to our charter and y" funda- 
mental and common laws of England, and carried on according 
to the same ; " adding, however, these important clauses, which 
we know now how to fill in with all the meaning they then 
implied, — " taking the words of eternal truth and righteousness 
along with them, as that rule by which all kingdoms and juris- 
dictions' must render account of every act and admistration in 
the last day." What was so " taken along " with the laws of 
England, was the Bible, not by any means as of secondary 
authority. The " Declaration " is followed by a series of par- 
allelisms between Magna Charta and the Colony Laws, a liberal 
allowance being made for statutes " alterable for occasions." ^ 

The petitioners carried their appeal to Parliament, but without 
avail, there being then a good understanding between that Court 
and ours. The complaints which were zealously urged in Eng- 
land against the rigid and persecuting course of the authorities 
of Massachusetts, drew from their old associate, the noble Sir 
Richard Saltonstall, a letter of sharp rebuke, addressed to Cotton 
and Wilson, somewhere between 1645 and 1653. A leading 
and highly honored assistant, he had arrived here with Winthrop, 
June 12, 1630 ; but, after some trifling alienating experiences, he 
went back to England at the close of the following March, leav- 
ing here some of his family, but never returning himself. He 
continued, however, to exert his powerful infiuence to befriend 
the colony, and to circumvent its enemies at the English courts. 
The difficulty of his task in that capacity, rather than any doubt 
i Hutchinson's CoU., pp. 188-218. 



BY THE FOUNDERS OF MASSACHUSETTS. 103 

that he had not shared, or had lost his interest in, the religious 
designs of his former associates, may have prompted some of the 
stinging rebukes of that letter. He writes, — 

" Reverend and deare friends whom I unfaynedly love and respect : 
It doth not a little grieve my spn-it to hear what sadd things are reported 
dayly of your tyranny and persccui ions in New Engkvnd, as that you fyne, 
whip and imprison men for their consciences. First, you compel such to 
come into j'our assemblies, as you know will not join with you in your 
worship, and when they show their dislike thereof or witniss against it, 
then you styrre up your magistrates to punish them for such (as you con- 
ceyve) their public affronts. Truly, friends, this your practice of compelling 
any iu matters of worship to doe that whereof they are not fully persuaded, 
is to make them sin, for so the Apostle (Rom. 14 and 23) tells us, and 
many are made hypocrites thereby, conforming in their outward man for 
fear of punishment." 

He prays for them and hopes they will — 

" not practice those courses in a wilderness which you went so farre to 
prevent. These rigid uayes have layed you very lowe in the hearts 
of the saynts. I doe assure you I have heard them pray in the publique 
assemblies, that the Lord would give you meeke and humble sjjirits, not 
to stryve so much for uniformity, as to keep the unity of the spirit, in the 
bond of peace. — I hope you do not assume to yourselves inlallibilitie of 
judgement, when the most learned of the Apostles confesseth he knew but 
in part, and saw but darkely as thro a glass. Oh that all those who are 
brethren, tho yet they cannot thinke and speake the same things, might be 
of one accord in the Lord." ' 

Cotton, for himself and for his brother Wilson, replied to this 
letter of frank and friendly rebuke, in a spirit of loving respect 
for the writer, but disclaiming all blame, and standing stoutly for 
their Bible model in their proceedings. Saltonstall had been at 
least fourteen years withdrawn from any present share of adminis- 
tering " the church in the wilderness." Away from the tentative 
processes and the actual difficulties of the scheme on trial here, 
he had the equally tasking responsibility of meeting the perplexi- 
ties which it involved on the other side of the water. 

The saddest and darkest stain irpon the early annals of 
Massachusetts attaches to the treatment of the people called 
Quakers. And yet the fair and full rehearsal of the facts which 

1 Hutchinson Papers, pp. 401-407. 



104 TREATMENT OF INTRUDERS AND DISSENTIENTS 

compose a faithful narrative of what, beginning in comedy ended 
in tragedy, will certainly avail to relieve the burden of wanton 
and ruthles^s cruelty cast upon our legislators. Two leading 
positions nmst be taken at the start. 

First, it is to be frankly admitted, that those legislators, though 
beyond measure provoked and goaded to the course which they 
pursued, and though they acted with slow deliberation, and were 
always ready to interpose mercy for judgment, did nevertheless, 
as seen in the light of our day, act very unwisely ; allowed their 
timid fears to master their reason, and committed themselves to 
a dilemma, either horn of which humiliated and tortured them. 

Second, it is to be as frankly and positively affirmed, that their 
Quaker tormentors were the aggressive party ; tliat they wan- 
tonly initiated the strife, and with a dogged pertinacity persisted 
in outrages which drove the authorities almost to frenzy ; while 
with a stiff temper of audacity, as the authorities saw it, but of 
fidelity to holy duty as they felt, they courted the extreme penal- 
ties which they might at any moment have escaped, except 
through constraint of their " inspirations." 

This episode in our history, mingled of the ludicrous and the 
dismal, dates from more than a quarter of a century after the 
planting of the colony. Many of the wiser and gentler spirits 
which at first had sway here, and whose judgment would doubt- 
less have stopped short of the tragic inflictions visited on four 
so-called Quakers, had gone to their rest. Winthrop, Cotton, 
Wilson, and others like them, as they passed away, left the ad- 
ministration of affairs in State and Church to men more stern 
and less wise than themselves. In the mean while, foreign and 
domestic troubles and perplexities had contributed to endanger 
the colony, to threaten its liberties, and to make the manage- 
ment of its affairs even more difficult. The emergencies of the 
time made it of the most critical necessity to keep out all dis- 
turbers, to secure internal harmony, and to cling to the well- 
proved safeguards of the first enterprise. 

The root of the prevalent superficial opinion, founded upon 
an unintelligent, cursory, and hap-hazard way of writing and 
reading our history, and which heaps an unrelieved burden of 
censure upon our colonial court for its proceedings against the 
Quakers, presents itself at once to an impartial inquirer. Mis- 



BY THE FOUNDERS OP MASSACHUSETTS. 105 

apprehension and error, leading to positive injustice to our legis- 
lators, come in the popular mind, from identifying modern 
Quakers with the sort of persons whom our Fathers knew and 
dealt with under that name. When one or a group of those 
excellent people known as Friends is seen quietly passing our 
streets, if any descendant of our colonists, or any foreign-born 
citizen, trusting to ignorance in the lack of knowledge, should say 
to himself, " Those are the sort of people who, two hundred years 
ago, were imprisoned, whipped, and mutilated here, and four of 
whom were hung on Boston Common," he would need to be 
sent back to the record. 

The intrusive, pestering, indecent, and railing disturbers of 
early Massacimsetts, lawless and ignorant as most of them were, 
have scarcely a single point of affinity with the dignified and 
highly esteemed Friends of our day. These last are, and for 
several generations have been, especially noted for quietude of 
spirit, for a grave solemnity of demeanor, and a modest unob- 
trusiveness. Indeed, it would be hard to define stronger points 
of contrast in speech, conduct, and even in some important mat- 
ters of opinion and religious belief, than those which really dis- 
tinguished between the first and the modern Quakers. Those 
whom our Fathers knew were of the type of Fox and Burroughs 
and Naylor.^ 

' In Tol. i. pp. 10 to 158, of Burton's Piirlinmentary Diary, may be roail tlie curi- 
ous and wearisome debate upon tbe case of Naylor, extencbng over eleven days. 
Tiiat tbe wise and grave men of tbe English rarliament of 16.5G sbould have found 
material in tbat case for so long a discussion, when so mucb important business bad 
to be postponed by it, is in itself a suggestive fact. Tbe perusal of tbat tedious 
story will nevertbeless reward a re.ader, if lie will take it as a cbapter of tbe struggle 
and development of opinion concerning full liberty of conscience. Naylor, bowcver, 
was indicted and coiulcmned for blasphemy. He bad rode into Bri.stol in a guise, 
and with observances, imitating tbe entry of Jesus Christ into Jerusalem. The in- 
dictment against him was : " That be assumed tbe gesture, words, names, and attri- 
butes of oUr Saviour, Christ." Narrowly escaping capital imnisbment, he was 
sentenced to be pilloried and whipped in two places in London, to h.ave his tongue 
bored with a hot iron, to be branded on tbe forehead with the letter B, to be sent to 
Bristol, there to ride " on a horse bare-ridged, with his face back," to be wliipped again, 
and then brought back to prison in London, debarred the use of pen, ink, and paper, 
and of all food but what he should labor for. Cruelly treated as he had been, the 
victim for a time of an insane enthusiasm, and of the fanatical folly of some admirers, 
he was for a time disowned bj' tbe Qu.akers. Coming to his senses afier two years' 
imprisonment, he grieved over his delusions, and became an approved and effective 
preacher. His utterances just before his death have a deep tenderness, sweetness, 
and beauty. 



lOlj TREATMENT OF INTRUDERS AND DISSENTIENTS 

In "An addition to the book entitled, ' The Spirit of the Mar- 
tyrs revived,' " published jnst one hundred years after the first 
coming of the Quakers to Massachusetts, Joseph Bolles, one of 
the earnest Friends, draws a censorious contrast, " concerning the 
difference between the former Quakers, that suiTered Persecutions 
and these in this day," as follows: — 

" If we may know them by their Fruits, they were two manner of Peo- 
ple ; the first often going to Meeting Houses, and bearing a godly testi- 
mony, after the speaker bad done [not always waiting for that, however], 
also Teaching and Exhorting at other public places, for which they suflered 
much Persecution, which they took jo\ fully, being upheld by the Power 
of God. And these, only holding Meetings of their own in a formal way, 
as other Professors do, having a form of Godliness, and not the Power 
and Life thereof, as the suti'ering Quakers had ; minding earthly things, 
being adulterated and living in the friendship of the World, which is enmity 
with God. So these, not having the spirit as the first Quakers had. are 
no more to be compared with them, than a dead Tree may be compared 
to a living Tree." 

The writer was certainly unjust in thus making the difference 
wrought by a century to consist only in this, that the first Quak- 
ers kept themselves alive by disturbing other people, while his 
contemporaries stagnated among themselves. The Friends did 
not settle into quietude, till they had secured a general recogni- 
tion of the vitalities of their system of truth. They have ever 
since met the unpopularity of standing for advanced and unwel- 
come truths, and for reforms. 

Those whom we know are of the type of Penn, Barclay, and 
Whittier. The conduct, at least, of those who first bore the name, 
would find its severest rebukers in such as now bear it. As to 
religious opinions, or theology, distinctly characteristic of the in- 
truders here, it is curious to note how little those had to do with 
the strife. Penn and Barclay wrought out for the Friends, a re- 
ligious system for belief and practice which woitld do honor to 
any fellowship of Christians at the present time. But that was 
the product of a later age of Quakerism, calmly, intelligently, 
and even philosophically elaborated by nobly endowed men. 
The crude and indigested notions which the early Quakers uttered 
" in a prophetical way," sounded like the wildest rant, to be re- 
lieved of the reproach of blasphemy only by being referred to a 



BY THE FOUNDERS OF MASSACHUSETTS. 107 

besotted stupidity or a shade of distraction. Our Fathers cared 
little, if at all, for the Quaker theology. They did not get so 
fur as that in dealing with them. Not being inclined to accept 
the account which the Quakers gave of themselves as being 
under the peculiar guidance of the Holy Spirit, our Fathers dealt 
with them on the score of their manners, their lawlessness, and 
their offensive speech and behavior. Yet it is also true that the 
peculiar set of Quakers who came and testified, and defiantly 
nisisted upon returning and staying here, would not have been in 
all respects exactly what they were, nor have done all that they 
did, and as they did, if they had not had just such persons to 
deal with them as they confronted here. 

We, indeed, in the calm retrospect by which we study past 
developments of new opinions, and in the intelligent analysis 
which we make of the working elements that go to the produc- 
tion of a fresh truth, can apprehend the high and pure motive 
which not only led, but really inspired, those unwelcome mission- 
aries to our Bay. They were the advanced pleaders for a liberty 
which is now our life, for a form of faith and piety which alone 
has power for a free soul. The most illiterate and incoherent of 
them had the Divine gift. They put their sincerity beyond all 
question, by their often meek, but always unflinching, endurance 
of contumely and violence. And, without doubt, much of their 
terrible abusiveness of language was wholly free from malice and 
any ill-intention, but was prompted wholly from an honest and 
severely righteous sense of the errors and superstitions which 
they assailed. But all this, we must again remind ourselves, is 
from our own point of view, not from that of our Fathers. The 
colonists had themselves suffered for opinion's sake. They, too, 
had their visions, not " of private interpretation," and they 
thought they had a skill in " trying spirits," and must look for 
the devil always under a disguise. 

George, Fox, the reputed founder of the system of belief and 
practice known as Quakerism, has come to stand in many 
sketchy and sesthetic essays, as a profoundly original genivis, a 
man of nature's own large endowing, a seer and an organizer. 
He was nothing of the sort. A cursory perusal of those old 
books describing the heresies and sectaries then abounding in 
England, to which I have referred, will convince a reader that. 



108 TREATMENT OP INTRUDERS AND DISSENTIENTS 

before Fox came upon the stage, all the fancies, scruples, and 
oddities of opinion and behavior by which he and his compan- 
ions first won their notoriety, were all ready for their adoption. 
Fox was an eclectic. He picked up in the various places where 
he wandered, and from the mixed and multiform company 
with which he associated, every one of his peculiar ideas and 
crotchets. 

Though he had a native vigor of understanding, and a soul 
of sincerity and purity, he was an illiterate and ill-balanced man. 
Shoemaker and shepherd as he was by turns, he was given to 
hypochondriac meditations; and when, with his seeking and 
inquisitive mind, he commenced his rovings, he found stimulant 
and food for his morbidly eccentric nature in any shred of truth 
which he gathered on the way. Tiie fellowship which he drew 
around liim was of those like himself, waiting — as the phrase 
went — for some one who would " speak to their condition," and 
then ready by public or private liarangues, " testimonies," or " pro- 
phetical burdens," to make that condition of theirs a standard for 
trying other peoples' spirits. Some of the sect did get hold of, 
and urge with earnest, simple eloquence, living truths which lay 
latent in the Christian Scriptures, unrecognized and unapplied, 
according to their due value and authority, by the Church of 
their day. But the Quakers threw these fresh truths out of their 
proportions and relations in dealing with them. 

If Fox, as he once purposed, had gone into physic, instead of 
into divinity, he would not have led so harmless a life. But, as 
a preacher, he was known as a disturber of the peace, a reviler 
of other ministers of religion, and of magistrates. His tongue 
was a sharp one, though he referred its sharpness to the Spirit. 
He railed and testified in all public places and assemblies, and 
of course was buffeted, mobbed, and put into jail. He was one 
of those harmless enthusiasts, who are best reduced to soberness 
by being to a degree listened to, and then let alone. But neither 
he nor his fellows would have been satisfied with being slighted: 
nor were those whom they abused and reviled, inclined to give 
them the benefit of indiflerence. Some of his associates far 
exceeded him in their ofFensiveness of speech and behavior. 
The English jails soon became filled with Quakers, who, curi- 
ously enough, were by many regarded as disguised Popish emis- 



BY THE FOUNDERS OF MASSACHUSETTS. 109 

saries of the Franciscan order in the service of Rome. Baxter 
rashly asserts that many sutth friars had been found speaiiing in 
the Quaker assemblies. 

The home-tield of Engkind, Ireland, and Scotland, inviting 
and rewarding as it was, soon proved too limited for the mission- 
ary zeal of the new enthusiasts. Men and women of the sect 
soon found " the burden and call of their spirit " to carry their 
testimony over the earth. The continent of Europe, with its 
princes and peasants, oti'ercd them promising opportunities, and 
the Pope and the Grand Turk received visits from them. 

Our Fathers were on the watch for an inroad of these de- 
spised but dreaded intruders some considerable time before they 
found their way hither. Through letters from friends at home, 
and the abounding pamphlets of religious controversy of those 
days, the people of Massachusetts were well informed as to the 
spirit and actings of the Quakers. Dangerous books had already 
been found circulating in the colony, and had been proscribed by 
law in 1654 ; especially some of those of John Reeves and Ludo- 
vick Muggleton, " the two last Witnesses," which contained 
similar notions to those advanced by Fox. The authorities were 
on the alert. Indeed, but a few weeks before the first two 
Quakers arrived here, a solemn Fast-day had been kept in the 
colony, the first object of which was stated to be, " to seek 
the face of God in behalf of our native country, in reference 
to the abounding of errors, especially those of Ranters and 
Quakers." i 

It was not till July, 1656, ten years after the first preaching 
of Fox, that the unwelcome news was circulated in Boston, that 
a ship in the harbor, from Barbadoes, had on board two women 
Quakers. One of these, Mary Fisher, had visited the Grand Turk, 
at Adrianople. By order of the magistrates, they were searched 
and committed to jail, and their books were burned ; the master 
of the vessel being put under bonds to take them away again. 
Hardly were they got rid of, than a vessel arrived from England, 
having on board four Quaker men, and as many women, together 
with a ninth passenger, a man, who, having come on board at 
Long Island, had been converted by his companions. They 
were committed to jail, examined, and found by their abusive 

1 Rec, iv. (1) 276. 



110 TREATMENT OF INTRUDERS AND DISSENTIENTS 

speech to belong to a class of persons for whom there was no 
room or welcome here. Gorton, from Rhode Island, found 
means to communicate with them in jail, proposing to get them 
out of the vessel somewhere along the coast, as the master of 
it, in conformity with his heavy bonds, was carrying them out 
of this jurisdiction. But the magistrates thwarted Gorton's 
purpose. 

Then began a series of deliberative and legislative measures 
on the part of our authorities, founded, as they believed, on 
their full right to secure themselves from the seditious and ran- 
corous visitors; either by warning them off from coming, or by 
at once banishing them on their arrival, with some form of 
punishing for a return those who, having come more than once, 
were to be shipped off again. There was a gradation and an 
adaptation of the penalties enacted, designed to be fitly and 
righteously adjusted to the measure of provocation, insolence, 
and defiance exhibited by the intruders themselves. In every 
previous instance in which any offender had been banished from 
the jurisdiction, the sentence, had been effective. No one who 
had suffered it had ever defied it by returning hither again. 
The magistrates had reason to suppose that that measure would 
be sufficient for their protection in the case of the Quakers. 
When it is considered, too, that any shipmaster who should 
bring such as passengers, was liable to a heavy fine, and to other 
enforced charges ; and also, that any resident who should harbor 
or encourage a Quaker, would be severely dealt with for the 
offence, — it might appear as if good manners, and generosity 
and magnanimity of spirit, would have kept the Quakers away. 
Certainly, by every rule of right and reason, they ought to have 
kept away. They had no rights or business here, and a simple 
prohibition ought to have been sufficient even to release their 
consciences from all obligation to meddle with other people's 
consciences. Most clearly, they courted persecution, suffering, 
and death ; and, as the magistrates affirmed, " they rushed upon 
the sword." Those magistrates never intended Ihem harm, nor 
would have done them harm, except as they believed that all their 
successive measures and sharper penalties were positively neces- 
sary to secure their jurisdiction from the wildest lawlessness and 
an absolute anarchy. 



BY THE FOUNDERS OF MASSACHUSETTS. Ill 

But they erred in their calculation, reasonable as it was. 
Thcv little knew how stiff and indomitable was the will of a 
Quaker, what a new energy and persistency of purpose came of 
a conscience reinforced and guided by a supposed inspiration 
from above. An hour's meditation, in some favorable mood of 
mind or feeling, would lead a Quaker to the persuasion, that a 
certain utterance from his lips, or a certain course of conduct, 
was as clearly indicated to him l^y God, as if a commission had 
floated down to him from the visible heavens. 

These " revelations " came in a very simple form, as prompt- 
ings or directions, which the subjects of them seem to have been 
persuaded that they could distinguish, by some test of quality 
or intensity, from the mere impulses or inclinations which it 
would be unwise to yield to. Thus, two of the victims on 
whom fell the last penalty of Massachusetts law, as we shall 
soon have to read, gave this account of their reasons for pro- 
voking that penalty. William Robinson, being in Rhode Island, 
felt that " the Lord had commanded him to go to Boston, and to 
lay down his life there." Marmaduke Stevenson, at Barbadoes, 

'' heard that New England had made a law to put the servants of the 
living God to death, if they returned after they were sentenced away. 
Immediately came the Word of the Lord unto me, saying, ' Thou knowest 
not but that thou raayest go thither.' — So after that, a vessel was made 
ready for Rhode Island, which I passed in ; and the AVord of the Lord 
came unto me, saying, ' Go to Boston with thy brotlier William Robin- 
son,'" &c.^ 

It was in vain that ministers and magistrates pressed any 
Quaker who returned here, after being banished the second, 
third, and fourth time, and complained of persecution, with 
the argument, that the INIaster, in whose name he professed to 
preach, had expressly instructed his disciples, that, " when per- 
secuted in one place, they should flee to another." The Quaker 
had a revelation which nullified that coTumand. 

With the purpose and aim of impartiality held in the mind 
of one who is historically dealing with this episode, it seems as 
if the only way to secure it, is to divide between the parties 
either censure or palliation. The facts cannot be written with- 

i Miscellaneous Papers in the State House. 



112 TREATMENT OF INTRUDERS AND DISSENTIENTS 

out the use of the stronger and the harsher adjectives on both 
sides. There was no down, or rosewater, or language of com- 
pliment, in use among them. Stern, sinewy, Saxon speech, and 
a calling of things by their right names, and a setting before us 
of pitched combatants in the attitude of striking and striking 
back, alone befit the facts. We like to feel that the fight was 
fair on both sides. One party represented a renovated Israel 
on the ocean border of a wilderness, seeking, with wrong or 
malice for none outside of them, to obey the call of God in 
planting a religious Commonwealth. They required peace and 
harmony. The other party had new light ; and they felt upon 
them the obligation of making the darkness comprehend it The 
Quakers had hold in common of an advanced truth, quick with 
the energy of the Spirit. There was accord enough among 
them to assure them that their oracles were not private delusions. 
Their oracles were, indeed, better than the utterance of them. 

There was much that was irritating and aggravating in the 
sharpest degree, — and intended to be such — in the language and 
conduct of the Quakers. Their persistency, their seeming wil- 
fulness, and aimless spirit of annoyance, indicated a set purpose 
of defying all remonstrance, and of inviting a violent handling. 

I do not know that an essay has ever been written upon the 
satisfactions of being persecuted, as the word is, especially when 
that persecution is incurred by persecuting other people.^ But 
there is matter for such an essay, and for its copious and rich 
illustration. The men and women who regarded themselves as 
led by the Spirit to give " testimony," which, as things then were, 
would subvert all civil and religious order in this colony, and 
overwhelm it with confusion and anarchy, — while travelling 
through the wilderness, or coursing inland waters, or pinched in 
the stocks, or screaming out through barred windows, — doubtless 
took an appreciable comfort in their own " sufferings." They 
felt that they entered thereby into the fellowship of prophets and 
martyrs. An hour of brooding and elated thought lifted them 

1 Worcester defines persecute tlius : " To pursue witli malignity or enmity ; to 
harass witli pen.alties; to afflict; to distress ; to oppress ; — generally on account of 
opinions." Webster's definilion is, " To pursue in a manner to injure, vex, or 
afflict ; to cause to sutler pain from hatred or malignity ; to harass ; to beset in an 
annoying wHy." The reader may make lus own selection and application. 



BY THE FOUNDERS OF MASSACHUSETTS. 113 

to heights of intense enthusiasm. A spell wrought upon their 
spirits ; and they yielded themselves, as they thought, to a guid- 
ance from above. Their full sincerity was proved by their 
shrinking from no burden, mortification, sacrifice, or pain, which 
lay in their way of obligation. Modest and pure women, under 
this spell, would rush into the public highways, or into a crowded 
place of worship, and, independent of all the art or materials of 
dressmakers, would make a distressing spectacle of themselves. 
One such, coming into a meeting-house in this condition, had 
smeared herself with black paint, — as a sign, she said, of the 
black-pox, which she prophesied God would send on this cruel 
jurisdiction. 

I have before me a copy, which I made from a miscellaneous 
mass of manuscripts in our archives in the State House, of 
oflScial papers connected with the legislation and the proceedings 
against the Quakers. Among these are many original letters, 
on scraps of paper, written, in the jail, by imprisoned Quakers 
to their friends or to the magistrates. Most of these, even those 
whose grammar, diction, and chirography indicate the least of 
culture, express, often with great sweetness and gentleness of 
spirit, a heroism of heart and a self-centred calm of conviction 
fully befitting witnesses for the truth of God. In general, these 
papers fail of bearing out the charge of our own authorities, that 
the Quakers were beyond measure abusive in their speech. And 
it is probable that the sternness of face which was set against 
them, the rough handling which they received, and the offensive 
epithets applied to them, occasionally irritated them into coarse- 
ness and violence of language not habitual with them. 

Some livelier specimens of their rhetoric than any which I 
have found in our own records, passed under my eyes among 
the rich stores of the British Museum. 

Among these is a tract ^ bearing this title : — 

" N. England's Ensigne, It being the Account of Cruelty, the Pro- 
fessors' Pride, and the Articles of their Faith ; signified in characters 
written in blood, wickedly begun, barbarously continued and inhumanly 
finished (so far as they have gone) by the present power of darkness 
possest in the Priests and Rulers in N. England, with the Dutch also 

1 Numbered in Catalogue, 493. h 
8 



114 TREATMENT OF INTRUDERS AND DISSENTIENTS. 

inhabiting tlie same land. In a bloody and cruel birth which the Hus- 
band to the Whore of Babylon hath brought forth by ravishing and 
torturing the seed of the Virgin of Israel," &;c. " Written at sea, by us 
whom the wicked in scorn call Quakers." 

Of this, Humphrey Norton was the writer. The Massa- 
chusetts people are described as " Cruel English Jewes." New 
England is " the most vainest and beastliest place of all Bruits 
[brutes], the most publicly prophane, and the most covertly 
corrupt." One of his company, he says, went to the meeting- 
house in Martha's Vineyard; "and after the Priest Thomas 
Maho [Mayhew] had done his speech, unspake a few words." 
Being thrust out for this, he repeated his visit in the afternoon. 
Here is a graphic piece of etching : — 

" A man that hath a covetous and deceitful rotten heart ; lying lips 
which abound among them, and a smooth, fawning, flattering tongue, and 
short hair, and a deadly enmity against those that are called Quakers and 
others that oppose their wayes, such a hypocrite is a fit man to be a 
member of any N. England church. • 

" J. Rous and H. Norton were moved to go to the great meeting house 
at Boston upon one of their Lector days, where we found John Norton 
their teacher set up, who like a babling Pharisee run over a vain 
repetition near an hour long (like an impudent smooth fac'd harlot, who 
was telling her Paramoors a long fair story of her husband's kindness, 
■while nothing but wantonness and wickedness is in her heart.) When 
his glass was out he begun his sermon, wherein, amongst many lifeless 
expressions, he spake much of the danger of these who are called Quakers. 
Some of his hearers gaped on him as if they expected honey should have 
dropped from his lips. And amongst other of his vain conceits he 
uttered this, (whereby he plainly discovered the blindness and rottenness 
of his heart,) that the Justice of God is the Armor of the Devil : the 
which, if true, then is the Devil sometimes covered with Justice : which 
is more than ever I heard any of his servants say on his behalf before," 
&c. 

" 13'? of 2" Month, 1658 Sarah Gibbins and Dorothy Waugh 
spoke at Lector. Death fed Death through the painted sepitlchre 
John Norton." And, " as a sign of his emptiness," the women 
broke two empty bottles over him. 

The same lively journal contains an impudent letter to 
Governor " Indicot." If there was an epithet beyond all others 



BY THE FOUNDERS OP MASSACHUSETTS. 115 

offensive to a New-England minister, it was that of " Priest " 
which tlie Quakers so freely used. " Baal's priests," " the seed 
of the Serpent," " the brood of Ishmael," were other titles. We 
can hardly conceive of the indignation caused by these wanton 
disturbances of the exercises of the " Thursday Lecture." 

It is possible, that, when a Puritan congregation was startled 
and shocked by such an apparition among them as that of an 
unclothed woman, or by a less indecent method of Quaker 
testifying, the minister may at the moment have been reading 
from tlie Bible, how one of the old prophets had, without his 
garments, delivered himself in a similar prophetical way of his 
burden. Our Fathers listened to the holy record of such doings 
witli the profoundest reverence ; but the living imitation infuri- 
ated them. They could not, or they would not, on the bare 
word of the Quakers themselves, believe that they were inspired 
directly from the Holy God. They had another way of account- 
ing for the phenomena. Yet who can doubt but that some 
hig!i-wrought fervors, or some sweet inward satisfactions, com- 
pensated the reproachings, buffetings, and whippings which 
the victims drew upon themselves. Indeed, they often contrived 
to make rather a good thing of it. They rallied and comforted 
and reinforced each other. They would not work in the prisons, 
nor pay jail fees. They excited the sympathy of some of the 
tender and less rigid members of the colony, who would intro- 
duce food into the windows of the prison, and who very soon 
began to protest against the cruelty used towards them, and to 
listen favorably to their utterances. This sympathy for the 
Quakers, so likely to be, and so soon actually, followed by dis- 
cipleship among our own people, was what the magistrates 
greatly dreaded. Many of their harsher measures they regarded 
as simply cautions and safeguards against the spread of Quaker 
notions with the weaker and more sympathetic among them- 
selves. If a Quaker in prison could get pen, paper, and ink- 
horn, — or, failing the last, blood from a pricked finger would 
serve, — he would address a missive to magistrates and ministers, 
not always conciliatory. There are many of these preserved in 
our State House. As the parties to this terrible struggle came 
better to understand each other, the terms of either party were 
as follows : — 



116 TREATMENT OF INTRUDERS AND DISSENTIENTS 

The magistrates, regarding tlie opinions and conduct of the 
Quakers as seditious and blasphemous, resolved, in the exercise 
of their charter-rights, to keep them out, or to drive them out, 
of their jurisdiction ; steadily increasing the penalties against 
such as, having been again and again banished, returned. 

The Quakers, on their part, — assured that persecution among 
Christians was wicked, that the Puritan church-way was 
oppressive and wrong, and that its intolerance could be worn 
down and worn out only by the most resolute defiance and 
endurance of penalties, — professed their purpose, in the name 
and under the power of God, to persecute the persecutors till they 
ceased to persecute. It was a struggle between two indomitable 
wills ; the one fortified by a parchment charter and a church 
covenant, the other borne up by an intense conviction of direct 
spiritual guidance. Our sympathies must go — for go they 
will — with those who thus held to a still inspiring and revealing 
God, beyond the contents of a Book taken by its letter. 

There is something more yet to be said, in order that we may 
set the constituted authorities of Massachusetts in the light in 
which they themselves stood and acted. Their horror of fanati- 
cism in religion had been learned and intensified from the 
terrible extravagancies and the bloody tragedies connected with 
the wild doings of the Anabaptists of Munster under King John, 
the tailor of Leyden, in the century preceding. Visions of a 
repetition of these frenzies came up before the horrified minds 
of our magistrates and ministers; and they felt the responsi- 
bility of averting what they so often in their records call up in 
reference to these mad Anabaptists. Again, mutilation of the 
body had been made familiar to them in England, as a penalty 
for malignity, sedition, and heresy. They may have seen Leigh- 
ton, Burton, Prynne, and Bastwick,^ as thus mutilated by the 

1 Dr. Leigliton, for his book .against Prelacy, had been sentenced " to suffer the 
loss of both ears, to have his nostrils slit, his forehead branded, to be publicly 
whipped, fined ten thousand pounds, and perpetually imprisoned." The sentence 
was executed to the letter, save that he was set at liberty by the Long Parliament, 
after twelve years' confinement, when he could neither see, hear, nor walk. 

Henry Burton, Dr. B.astwick, and William Prynne were mutilated in a similar 
manner. The last of these having been sentenced a second time to a part of the 
punishment, the stumps of his ears were sawed out. These acts were done under 
Episcopal and Royal sanction. It is melancholy to think that they should have to 



BY THE FOUNDERS OP MASSACHUSETTS. 117 

highest English law. And, once more, our Fathers regarded 
Quakers as representing for them, of danger and evil, exactly 
what plotting Jesuits represented to the realm of England. The 
penalty of death, on Quakers coming here a fourth time after 
banishment, was copied by them from the English statute 
against Jesuits. The mutilation law was never but partially 
enforced here. 

The miscellaneous manuscripts of scraps of paper, to which 
I have referred as now among the old files in the State House, 
enable us to trace the course of proceedings in this harassing 
experience, and contain much curious matter. By an order of 
Court, June 10, 1658, the Rev. John Norton was appointed to 
write and publish a treatise against the Quakers. This he did, 
under the title of " The Heart of New England rent by the 
Blasphemies of the present Generation," &c. ; and he received a 
grant of land for his remuneration. The Court had been moved 
to ask this service of him ; and to other measures, b.y the zeal of 
the sterner portion of their constituents. In October, 1658, a 
petition was addressed to the Court from leading citizens of 
Boston, in which they asked for severer laws against the Quakers. 
The dangers and ruin threatening from their behavior and testi- 
monies, and the darkly drawn apprehensions of the same horrors 
as followed from Anabaptism at Munster, are alleged as justify- 
ing a law inflicting death upon such as should return from 
banishment. Singularly enough, the names of several of the 
signers of this petition indicate them as some of those who had 
been censured and disarmed, for having signed the petition in 
behalf of Mr. Wheelwright. Some persons here had evidently 
changed sides, from that of sufferers to that of advocates of the 
sternest discipline.^ 

As I have said, there was a steadily progressive legislation of 
enactments and penalties undertaken by Massachusetts, designed 
to meet and punish the successive acts of boldness and con- 

a tleftree been imitated by tlie Puritan against the Quaker. It is remarkable, hoiv- 
ever, tliat, even after liis second barbarous punisliment, Mr. Prynne sliould liave 
written a book to prove " that Christian Kings and magistrates have autliority, 
under the Gospel, to punish idolatry, aposta.sy, heresy, blaspliemy, .and obstinate 
si'liisni, witli pecuniary, corporal, and, in some cases, with capital pmiisbments." 
(Wood's Atben Ox., ii. pp. 311-327.) 

' Vol. of Miscel. Papers in the State House, p. 246, &c. 



118 TREATMENT OP INTRUDERS AND DISSENTIENTS 

tumacy, on the part of the Quakers, — prison, fines, whippings, 
mutilation of ears and tongue, branding, and the gallows. Sad, 
sad indeed, was the climax to which our Fathers were led on, 
from an error at the start. They sought, with only partial suc- 
cess, to induce the other New-England colonies to keep pace 
with them in legislation against the Quakers. Rhode Island, as 
furnishing a harborage for all sorts of consciences, made our 
Fathers uncomfortable, because from it the Quakers had such a 
ready access to our jurisdiction. Would that Massachusetts, in 
her own course with them, had anticipated the method suggested 
in the sly wisdom of the reply which she received from Benedict 
Arnold, the President of Rhode Island, in answer to a request 
that that colony would imitate the legislation of the Bay 
colony against the Quakers. Arnold, speaking for his associates, 
says: — 

" We find that in those places where this people aforesaid, in this 
Colony, are most of all suflered to declare themselves freely, and are 
only opposed by arguments in discourse, there they least of all desire to 
come. And we are informed that they begin to loathe this place, for 
that they are not opposed by the civil authority ; but with all patience 
and meekness are suifered to say over their pretended revelations and 
admonitions. Nor are they like or able to gain many here to their way. 
Surely, we find that they like to be persecuted by civil powers ; and, 
when they are so, they are like to gain more adherents by the conceit of 
their patient suflferings, than by consent to their pernicious sayings." 
(E. I. Eecords, i. 377.) ■ 

But even the all-including tolerance of Roger Williams suf- 

1 Our historian, Hutcliinson, tries to divide equally his censure upon our magis- 
trates and the Quakers, when he speaks (Hist. i. 380) of " the strange delusion the 
Quakers were under, in courting persecution ; and the imprudence of the authorities 
in gratifying this humour, as far as their utmost wishes could carry them." 

The famous Riuliard Baxter, of Kidderminster, wlio had been greatly exercised 
and annoyed by the personal abuse visited on him by Quakers, came at last to 
learn the same wise w,ay of humoring them. He writes in liis Life : — 

" The Quakers would fain have got entertainment, and set up a meeting in the 
town, and frequently railed at me in the congregation ; but when I had once given 
theiu leave to meet in the church for a dispute, and, before the people, had opened 
their deceits and shame, none would entertain them more, nor did they get one 
proselyte .among us." 

One of his most pertinent questions to them concerning their doctrine of the 
" inner light," which they said all men had, was tliis ; " If all liave it, why may not 
I have it ? " 



BY THE FOUNDERS OP MASSACHUSETTS. 119 

fered a strain too much from the Quakers. Rowing in a skiff 
over the Narragansett Bay, quickened by his ever-ardent love of 
disputation, to match himself against some of them, the keen- 
spirited old man had a sore trial of his patience. He after- 
wards wrote of Quakers, — 

" They are insufferably proud and contemptuous. I have, therefore, pub- 
licly declared myself, that a due and moderate restraint and puuislmieut of 
these inciviluies, though pretending conscience, is so far from persecution 
properly so called, that it is a duty and command of God uuto all man- 
kinde, first in Families, and thence into all mankinde Societies." ' 

The summing up of the severities in our own colony is as 
follows: twenty-two Quakers were banished on pain of death; 
four were hung, one a woman ; three lost the right ear ; one was 
branded in the hand with the letter H ; between thirty and forty 
were whipped. 

The death penalty was legalized by only a majority of two in 
the General Court ; and was so strongly resisted, as soon to be 
left in abeyance. 

The Court, from time to time, urged to the most stringent 
measures by some of the more austere spirits, and discouraged 

' " George Fox digged out of his Burrowes," &c., p. 200. This curious book, of 
which, tliougli it was pubUshed in Boston, in 1676, there are only four copies known 
to be extant, — one being in the Boston Athenaeum, — is promised in a reprint by 
the Narragansett Club. It is to be hoped, that a few of those who had known of 
Roger Williams's youthful experiences in Massachusetts survived to enjoy its pe- 
rusal. The old fire of disputation had not gone out in its writer. Its severity of 
bitterness and invective, its unsparing contemptuousness, streaked with real good- 
nature and the old "conscientious contentiousness," — make it one of the curiosities 
of literature. Williams had evidently been beyond measure provoked and horrified 
by the Quakers. He had tried his skill upon them in a meeting at Newport, in 1671 ; 
but he says, that, wliile he was speaking, one cut him off by " falling to prayer," 
and then another by singing. George Fox being then in the country, Williams 
challenged him and his followers to a public discussion on fourteen propositions, the 
thirteenth of which is that, " Their many Books and writings are extreamly poor, 
lame, naked, and swelled up with high titles and words of boasting vapour." 
Williams, says Fox, was afraid to meet him. " This old Fox thought it best to run 
for it ; and leave the work to his journeymen and chaplains." The disputation was 
held at Newport, and rare sport it must have afforded to uncircumcised listeners. 
"God graciously assisted rae in rowing all day with my old bones, so that I got to 
Newport towards the midnight of the day before the meeting" (p. 24.) It was in 
August, 1672. 

There is a double joke in the title of the book, as it includes a sly hit at Burroughs, 
one of Fox's chosen companions. 



120 TREATMENT OF INTRUDERS AND DISSENTIENTS 

by a steadily increasing number of opponents, moved either by 
pity or by a sense of the utter futility of the legislation, were 
evidently, as shown by scraps of paper still extant, most sorely 
perplexed. Under a sense of their responsibility, and moved by 
their convictions, that Quakers were to the colony they were 
guarding from ruin and anarchy, precisely what Jesuits were to 
the realm of England, they felt justified in enacting and inflicting 
the death penalty against the most obstinate and insidious 
offenders. They issued several formal vindications and argu- 
ments in support of their successive measures. The pleas which 
they set up were all minutely and elaborately illustrated by 
Scripture texts and examples, like that of Solomon's putting to 
death of Shimei.^ 

The stern issue was to be fully tried. Four Quakers were 
banished, Sept. 12, 1659, on pain of death if they returned. 
Two of these, Mary Dyer being one, " found freedom to depart." 
But she returned again in a month, with the other two, who 
were attended by a woman from Salem, bringing with her some 
linen, which she showed to the Governor, as intended for the 
winding-sheets of the victims. 

The rest is best narrated by the Court Record : — 

"Second Session, General Court, October 18, 1659. 

" It is ordered that William Robbinson, Marmaduke Stephenson, and 
Mary Dyer, Quakers, now in prison for theire rebellion, sedition, and pre- 
sumptions obtruding themselves upon us, notwithstanding their being sen- 
tenced to banishment on paine of death, as underminers of tliis govern- 
ment, &c., shall be brought before this Court for theire trialls, to suffer 
the poenalty of the lawe (the just reward of their transgression) on the 
morrow morning, being the nineteenth of this instant." 

Being "brought to the barre, they acknowledged themselves to be the 
persons banished. After a full hearing of what the prisoners could say 
for themselves, it was put to the question, whether the prisoners, who 
have been convicted for Quakers, and banished this jurisdiction on paine 
of deatli, should be putt to deatli according as the lawe provides in that 
case. The Court resolved this question on the affirmative ; and the 
Governor, (Endecott) in open Court, declared the sentence to W. Rob- 
binson, that was brought to the barr : W. R. yow shall goe from hence to 
the place from whence yow came, and from thence to the place of exe- 

1 1 Kings, chap. ii. 



BY THE FOUNDERS OF MASSACHUSETTS. 121 

ciition, and there hang till yow be dead. The like sentence the Gov^, in 
open Court, pronounced against Marmaduke Steephenson and Mary Dyer, 
being brought to the barre one after another, in the same words : 

'• Whereas" — the above named — "are sentenced by this Court to death 
for theire rebellion, &c., it is ordered that the Secretary issue out his war- 
rant to Edward Miciielson, marshall general!, for repairing to the prison 
on the 27'.'.' of this instant October, and take the said persons into his cus- 
tody, and then forthwith, by the aid of Capt. James Oliver, with one hun- 
dred souldiers, taken out by his order proportionably out of each company 
in Boston, compleatly armed with pike and musketteers, with powder and 
bullett, to lead them to the place of execution, and there see them hang 
till they be dead, and in theire going, being there, and retourne, to see all 
things be carried peaceably and orderly. Warrants issued. 

" It is ordered that the Reverend Mr. Zackery Siraes and Mr. .John 
Norton, repaire to the prison, and tender theire endeavors to make the 
prisoners sencible of theire approaching dainger by the sentence of this 
Court, and prepare them for theire approaching ends. 

" Whereas Mary Dyer is condemned by the Generall Court to be exe- 
cuted for hir oftences, on the petition of William Dier, hir sonne, it is 
ordered that the said Mary Dyer shall have liberty for forty eight howers 
after this day to depart out of this jurisdiction, after which time, being 
found therein, she is forthwith to be executed, and in the meane time that 
she be kept close prisoner till hir sonne or some other be ready to carry 
hir away within the aforesaid time; and it is further ordered, that she 
shall be carried to the place of execution, and there to stand upon the 
gallowes, with a rope about her necke, till the rest be executed. 

" Itt is ordered, that thirty-six of the souldiers be ordered by Capt. 
Oliver to remain in and about the towne as centiuells, to preserve the peace 
of the place, whiles the rest goe to the execution. 

" It is ordered that the selectmen of Boston shall, and heereby are re- 
quired and impowred to presse tenn or twelve able and faithfuU persons 
every night during the sitting of this Court to watch with great care the 
toune, especially the prison," &c. ' 

This last order is an evidence, among others which thfe Records 
show, that the naagistrates, charged as they felt with the gravest 
responsibility in vindicating the authority of the law against all 
trifling and defiance, were still well aware that a protesting and 
indignant spirit, widely working among the citizens, was ready 
to manifest itself in a threatening way. 

On the 27th of October, 1659, a gallows stood on Boston 
1 Vol. iv. pt. 1, pp. 383-4. 



122 TREATMENT OP INTRUDERS AND DISSENTIENTS 

Common, for the execution of three condemned Quakers, who, 
after repeated banishments, refused to accept their lives on the 
condition that they would go away and keep away, — W. Robin- 
son, Marmaduke Stevenson, and Mary Dyer. The train-band 
accompanied them, and drums were beat to drown their testi- 
mony. The town, also, was put under guard, by thirty-six sol- 
diers, against apprehended tumult. The two men were hung, 
and buried beneath the gallows. Mary Dyer, who for more than 
twenty years had been a trouble to Massachusetts, after having 
the noose put round iier neck, was pardoned, and sent back to 
Rhode Island, though with difficulty prevailed on by her son to 
go. She must have been past middle age, if not in tiie decline 
of life. In the Antinomian troubles, she had been prominent as 
a fast friend of Mrs. Hutchinson, and had suffered from the poor 
superstition of the times, because of an unhappy incident in her 
maternity. She walked to the gallows between her two con- 
demned companions, holding each of them by a hand. The 
marshal asked her, " If she was not ashamed to walk, hand in 
hand, between two young men ? " She replied, " It is an hour 
of the greatest joy I can enjoy in this world. No eye can see, 
no ear can hear, no tongue can speak, no heart can understand, 
the sweet incomes and refreshings of the Spirit of the Lord which 
now I enjoy." 

"When she understood, on being returned to the prison, upon 
what account she was reprieved, she wrote to the authorities re- 
pudiating the ground of it, and tendered the sacrifice of her life 
against the law. It was only by compulsion that she was got 
out of the jarisdiction on horseback. She came back again the 
next spring. On the gallows the second time, June 1, 1660, she 
was offered her life, if she would promise to keep out of Massa- 
chusetts. Her reply was : " In obedience to the will of the Lord 
I came; S,nd in his will I abide faithful to the death." She 
did so. 

I have before me, as I write, the autograph, on sadly stained 
paper, of a poor and sorrowful letter, dated at Portsmouth, R.I., 
May 3, 1660, and addressed to Governor Endicott, by his " most 
humble suppliant, W. Dyer." The letter draws tears now, if it 
did not from the eyes that first read it. The husband pleads to 
save his wife from death on the gallows : — 



BT THE POUNDERS OF MASSACHUSETTS. 123 

" Honored Sir, — It is no little grief of mind and sadness of hart, that 
I am necessitated to be so boukl as to supplicate youi- honored self, with the 
Han"!' Assembly of your Genorall Court, to extend your mercy and favor 
once agen to me and my children. Little did I dream that I should ever 
have had occasion to petition you in a matter of this nature, but so it is 
that throw tlie divine providence and your benignity, ray sonn obtained so 
much pity and mercy att your hands, as to enjoy the life of his mother. 

" Now my supplication to your Honors is to begg affectionately the life 
of my deare wife. Tis true I have not seene her above this halfe yeare, 
and tlierefore cannot tell how in the frame of her spirit she was moved 
thus again to run so great a liazard to herself and perplexity to me and 
mine, and all her friends and well-wishers : so it is, from Shelter Island 
about by Pequid, Narragansett and to the town of Providence, she secretly 
and speedily journied, and as secretly from thence came to your juris- 
diction. Unhappy journey may I say, and woe to that generation saye I 
that gives occasion thus of grief and trouble to those that desires to be 
quiet, by helping one another (as I may say) to hazard their lives for I 
know not what end, or to what purpose. If her zeale be so greate as thus 
to adventure, oh, let your favour and pitye surmounte itt, and save her 
life. Let not your forewonted compassion be conquered by her incon- 
siderate madness, and how greately will your reiiowne be spread, if by so 
conquering you become victorious. Wliat shall I say more ? I know you 
are all sensible of ray condition, and let the reflect be, and you will see 
what the petition is and what will give me and mine peace. Oh let mer- 
cies wings once more soar above justice ballance, and then whilst I live 
shall I exalt your goodness. But otherwise twill be a languishing sor- 
rowe, yea, soe great that I should gladly suffer the blow att once muche 
rather. I shall forbear to trouble your Honors with words, neither am I 
in a capacitye to expatiate myselfe at present. I only say this, yourselves 
have been and are, or may be, husbands to wife or wives, and so am I, 
yea, to one most dearlye beloved. Oh, do not you deprive me of her, but 
I pray give her me out again, and I shall bee soe much obliged forever, 
that I shall endeavor continually to utter my thanks, and render your 
Love and Honor most renowned. Pitye rae. I beg it with tears." 

Those tears are in the paper still. If he could have answered 
for his wife, she would have lived. She answered for herself. 

The next year, one luore banished Quaker, William Leddra, 
who had been a weary nuisance in many places, refused to ac- 
cept his life, and was executed on the Common, March, 1661. 

Another condemned and sentenced man was in the prison, 
but he wrote to the magistrates, — 



124 TREATMENT OF INTRUDERS AND DISSENTIENTS 

" I, the condemned man, do give forth under my hand, that if I may 
have my liberty, I have freedom to depart this jurisdiction, and I know 
not that ever I shall come into it any more. W. Christopherson.'" 

The Quaker will had overcome the Puritan will. The magis- 
trates relaxed. The people withstood the death penalty. It has 
been often affirmed, and has been generally supposed, that the 
authorities were arrested in their course by a mandate procured 
by a Quaker, who had been whipped in Salem, from Charles II., 
which forbade any further capital proceedings against Quakers, 
and required that the condemned be sent to England. Such a 
royal letter was written by the King, Sept. 9, 1661, and received 
by our Court in November. But before it was even procured 
from the monarch, the Court had evidently been convinced of the 
utter folly of its measures. It had wavered in suspense, vacil- 
lated, and failed to enforce its capital law against victims in its 
power, while it shrunk from using its appliances to secure others 
whom it might easily have reached. 

It may be that the king's command was a welcome salvo to 
the chagrin or mortification of the authorities. Certain it is, that 
the Quakers revelled over the discomfiture of the magistrates, 
and played some of their most offensive antics of railing and de- 
fiance. But they were by no means left to their liberty. The 
whip and the cart-tail, the prison and the pillory, were still kept 
in service against them, even by allowance of the King, and the 
course pursued in England. The General, the Quarterly, and 
the Magistrates' and Local Courts found subjects in them for 
penalties, more or less severe, till perfect tolerance was found to 
be the lesson of wisdom, and the condition of peace. 

The Puritan Commonwealth, after a resolute struggle against 
the successive shocks, personal and practical, which its essential 
elements invited, as well as were sure to encounter, yielded even 
then only gradually, though I can hardly add gracefully, to a 
steady modification of its original theory. Yet there was more 
of success than of failure in the experiment. All of profound 
sincerity, and of God-fearing self-consecration, and of stern re- 
solve, which put that august experiment on trial, planted for it 
foundations, giving to it its early security, and constituting the 

1 Miscel. Papers. 



BY THE FOUNDERS OF MASSACHUSETTS. 125 

stability and glory of the Commonwealth which succeeded 
to it. 

Sometimes, as I walk in our city streets, or ride through our 
clustering towns and villages, I imagine myself as having by my 
side one of the old first comers to this wilderness ; some grave 
man, in church or magistracy, who, after his coming, may have 
lived and wrought here more than half a century, in laying the 
hard and deep foundations of things. I raise him up — in a 
siiadow — for my companionship. He goes along with me, looks 
round him, puts questions, and turns to me to relieve his sur- 
prise, to refix landmarks, to relate and account for the changes 
and developments of things on our way. He is stern and sharp : 
but I am not afraid of him; for I know that what I have of 
him is only dust, and that something more substantial represents 
him elsewhere. Shadow as he is, we can hardly keep our foot- 
ing in the crowded streets. He is inclined, at a glance, favorably 
to regard our humanity in providing bird-roosts in the wires 
which run over our roofs in tlio air, unless he surmise them to be 
snares for catching birds. But these rows of shops and stores, 
with all their gilded gew-gaws and displays of trifles and lux- 
uries, are about to prompt his utterance, just as he is choked by a 
whiff from some "tobacco-taker" passing by. The theatres, and 
palaces of vice for gambling or intemperance, make him sad and 
sour. But the great school-houses ofTer a temporary relief. He 
wishes to rest awhile in the burial-grounds, and study their 
stones, — asking where is his own. The hardest part of the 
explanatory work which falls to me, is as we pass many churches, 
• — Jewish Synagogues, the Roman College and Cathedral, at 
the sight and name of which those shadowy lips seem to utter 
something that sounds like a very bad word. The lists of voters, 
with the un-English names upon them, and the prevalence of 
Hibernian patronymics, are evidently too much for him. The 
explanation of the national flag plainly engages his sympathies. 
He remembers that he and his old contemporaries were rather 
tame in their loyalty, and that he died thinking, — perhaps hop- 
ing, — that things would one day come about so, that we should 
have a flag of our own. On the whole, though the facts which 
he would have to hear and face, and to take for just what they 
are and mean, would fearfully exercise him, and lead him to ask 



126 TREATMENT OP INTRUDERS AND DISSENTIENTS. 

how all this freedom and license had worked in among us, and 
whether Church and State had not been wrecked over and over 
again in the process; on the whole, I think, he would rather re- 
main alive with us, and take his chance, and take things as they 
are, than go back into the ground again. One thing, I know, 
would reconcile him to taking things as they are ; viz., the 
clear conviction, that if he and all his generation could come 
again into their old places, they could not introduce a force 
which would turn back the current. They would have to take 
things as tliey are, and submit to the dispensation of human 
freedom, as safer than Puritan sway. 

Freedom, — sad and fearful and wicked things are done in 
that name, by that plea, for that good ; but we must accept it, 
with all its risks, which sometimes frighten or dismay us. Any 
thing but the most perfect and unfettered freedom of thinking, 
speaking, and acting among us, would peril the experiment we 
are trying here, grander than that of our Fathers, — of making 
one nation out of fragments of all the populations of the globe. 
There is no form of force, no method of restraint, no devices of 
imperial, ecclesiastical, military, or even constitutional sway, 
which could possibly control the processes of risk involved in the 
contact and citizenship of all the races, colors, temperaments, and 
classes, which we hold in solution here. No : the wit of man, 
piety, wisdom, statesmanship, would in vain attempt, by any 
repressive or coercive measures, any interference, however gentle 
or however stern, to introduce any agency of external authority 
in the mighty process which is working here. Nothing but per- 
fect freedom, absolute soul-liberty for the individual, can make 
the process safe on the trial. We can dam rivers. We can 
imprison thousands of pounds of steam. We can use a flash 
of lightning for a common carrier. But we cannot overmaster 
the workings of human nature. 



HISTORY OF GRANTS 



THE GEEAT COUNCIL FOR :N'EW ENGLAND. 



BY SAMUEL F. HAVEN. 

11 



HISTORY OF GRANTS 



THE GREAT COUNCIL FOR NEW ENGLAND. 



THE subject assigned to me for a lecture to-night is, " History 
of Grants under the Great Council for New England." 
However important this may be in a historical point of view, 
so far as pleasurable interest is concerned it certainly has a rather 
dry and unpromising aspect. 

Moreover, it was said of this Great Council for New England, 
by the learned Dr. Belknap, after he had tried in vain to harmo- 
nize their proceedings, that — 

" Either from the jarring interests of the members, or their indistinct 
knowledge of the country, or their inattention to business, or some other 
cause which does not fully appear, their affairs were transacted in a con- 
fused manner from the beginning ; and the grants which they made were 
so inaccurately described, and interfered so much with each other, as to 
occasion difficulties and controversies, some of which are not yet ended." 

So, too. Governor Sullivan in his work on " Land Titles in 
Massachusetts " declares that the legislative acts of the Council 
for New England and their judicial determinations "were but a 
chain of blunders;" and "their grants, from the want of an ac- 
curate knowledge of the geography of the territory, were but a 
course of confusion." 

Possibly, it was with the hope of obtaining additional light 
upon these obscurities and perplexities, to the extent of recon- 
ciling apparent discrepancies, that the subject was selected for 
treatment in this series of historical lectures. But intricacies 
which learned historians and acute lawyers have failed to eluci- 
date, it may be presumed are not susceptible of a distinct and 

9 



130 HISTORY OF GRAMS UNDER THE 

definite solution, such as Courts require for the establishment of 
a title to property; and we may be compelled to find in a nar- 
rative of the circumstances under which they had their origin 
their only reasonable explanation. 

You will therefore be spared a technical dissertation upon 
charters, patents, grants, and other methods of conveying terri- 
torial rights, and be asked to listen to a relation of the rise, the 
character, the operations, and the end of the great corpora- 
tion in England created by James I. on the 3d of November, 
1620, consisting of forty noblemen, knights, and gentlemen, and 
called " The Council established at Plymouth, in the County of 
Devon, for the Planting, Ruling, and Governing of New England 
in America." 

It will be necessary to go back a little ; not indeed to the days 
of Adam and Eve, as did our distinguished New England chro- 
nologer. Dr. Prince, who devoted so much time and space to the 
preliminary annals of the world, that he died before completing 
those of this limited portion of the globe, which were the real 
object of his work, — but to the beginning of England's conven- 
tional title to American possessions. It was a conventional title, 
inasmuch as it rested upon an understanding among the so-called 
Christian powers, that the rights of nations and peoples, who were 
not at least nominally Christian, should be entirely disregarded. 
The sovereigns of Europe carried out in practice the principle 
which the Puritans of Cromwell's parliament were said to have 
asserted in theory, and apparently regarded the scripture promise 
that the saints shall inherit the earth as a mere statement of their 
own just prerogative. Among Catholics, the Pope, as an inspired 
administrator, distributed newly discovered regions according to 
his inclination and infallible discretion. His assignments of con- 
tinents and seas by the boundaries of latitude and longitude 
were valid in Spain and Portugal and France ; but in England 
the King, when he had become also the head of a church, claimed 
authority to empower his subjects to discover " remote, heathen, 
and barbarous lands, not actually possessed of any Christian 
prince or people, and the same to hold, occupy, and enjoy, with 
aU commodities, jurisdictions, and royalties, both by sea and 
land ; " of course, in subordination to his own paramount author- 
ity, but with no reference to the supremacy of the Roman pontiff. 



GREAT COUNCIL FOR NEW ENGLAND. 131 

John and Sebastian Cabot were commissioned, in like phra- 
seology, by Henry VII., " to seek out countries or provinces of 
the heathen and infidels, wherever situated, hitherto unknown 
to all Christians, and to subdue and possess them as his sub- 
jects." If their discoveries had been followed at once by pos- 
session, the papal sanction might have been deemed essential to 
a sound title ; but England had long been a Protestant country 
-before steps were taken to maintain her claims to a portion of 
the New World. Remote events, like distant objects, are apt to 
seem crowded together, for want of a perspective to make the 
intervals which separate them evident to our perceptions. Thus 
we often fail to realize the duration of uneventful periods of 
history which come between the strifes and commotions, or 
other great occurrences which chiefly occupy the attention of 
both the historian and his reader. From a.D. 1495, the date 
of the commission to the Cabots, to a.d. 1578, the date of the 
letters patent to Sir Humphrey Gilbert, under which possession 
was first taken for the English crown, the lapse of time exceeds 
that of two generations of men, as these are usually estimated. 

Meanwhile, circumstances were silently and indirectly, as well 
as slowly, preparing for the settlement of this portion of the 
American continent. Unrecorded voyages were annually made 
to our coasts for fish by the Spaniards, Portuguese, agd French ; 
the fasts of the church causing a large demand for that article 
of food in Catholic countries. The people bordering on the Bay 
of Biscay were hereditary fishermen. Their ancestors had cap- 
tured whales in their own tempestuous sea ; and Biscayans, or 
Basques, as they were more frequently termed, were in great re- 
quest as experts for the fisheries at Newfoundland, and along the 
shores of New England. They professed to believe that their 
countrymen visited the same fishing-grounds before Columbus 
crossed the ocean. The business was so lucrative that the re- 
ports first brought home by the Cabots of the great abundance 
of codfish in those regions produced an excitement among the 
people engaged in that trade, not unlike that which rumors of 
gold in California and Australia have created in more recent 
times. 

No account has been preserved of the commencement of fishing 
voyages to the American seas ; but they can be traced back to 



132 HISTORY OF GRANTS UNDER THE 

within half a dozen years of the return of the Cabots ; and 
twelve or fifteen years later as many as fifty vessels of different 
nations were employed on the Grand Banks. 

Of such voyages no journal was kept and no history was writ- 
ten ; because it was the policy of the adventurers to keep these 
prolific sources of wealth, as much as possible, from attracting 
the attention of competitors. 

The presence of European vessels on our shores, in consider- 
able numbers, a century before the arrival of the Pilgrims, may 
account for traditions among the natives, and the occasional dis- 
covery of articles of European manufacture in their graves, that 
have been supposed to point to the visits of the Northmen at 
far more distant periods.^ 

A process of preparation not less marked and effective was at 
the same time going on in England itself. Until the reign of 
Henry VIL, that kingdom had been behind all other European 
States in mercantile enterprise. Italy, Spain, Portugal, Holland, 
and even Germany, were before her in commerce or manufac- 
tures. The fluctuations of trade, in the removal of its seats from 
one place or country to another, are among the marvels and curi- 
osities of history. The chief wonders of the world — the costly 
and gigantic remains of decayed cities, where now all is silence 
and desolation — are the fruits of accumulated capital in what 
were once the forwarding and distributing stations of trade. 
Thebes, Babylon, Nineveh, Palmyra, Tyre, and Carthage were 
great and magnificent, because, as the prophet Nahum saith of 
Nineveh, " They multiplied their merchants above the stars of 
heaven." 

Wherever traffic has found a seat and centre, art, architecture, 
enterprise, and political power have been its inevitable fruits. The 
growth and decay of these local influences, and their distribution 
in turn among the kingdoms of the earth, though springing from 
natural causes, belong no less to the mysterious operations of 
Providence. It was the commercial decline of Italy (the indus- 
trial Italy of the Middle Ages), whose prodigal remains of 
esthetic splendor are the memorials of her merchant princes, that 

1 When Captain John Smith visited the Susquehanna Indians, in 1608, they had 
utensils of iron and brass, which, by their own account, originally came from the 
French of Canada. 



GREAT COUNCIL FOR NEW ENGLAND. 133 

carried Venetian navigators to England, among them the family 
of Cabots, seeking employment for the exercise of their native 
arts.' At the same time, the incessant wars upon the continent 
were driving tradesmen and manufacturers from the free cities 
of central Europe, which they had built up and enriched ; many 
of whom took refuge in the British Isles, which thus easily 
acquired the advantages of skill and experience in the production 
and sale of important fabrics. England's opportunity had come. 
Though not lying in the course of the world's great thorough- 
fares, yet, by insular position, favorably formed for maritime 
pursuits, her chances of wealth and power from the magic 
agencies of commerce had at length arrived. Through the 
reigns of Henry VII., Henry VIII., Edward VI., and the bloody 
Mary, to their full fruition in the Augustan era of Queen Eliza- 
beth, these causes were not only increasing the riches, but 
developing wonderfully the mental and physical character and 
capacities of the British people. More independent, politically 
and socially, than their neighbors in Holland, they shared with 
them the accumulation of the precious metals which flowed 
from American mines, through Spain and Portugal, to the chief 
marts of trade, and experienced the stimulating effects of capital 
in all departments of life and action. Enterprise, extravagance, 
ambition, emulation, greed, were the healthy and unhealthy 
consequences of a prosperous and excited community. 

The tendency to a sort of theatrical exaggeration in sentiment 
and manners that followed upon this development of physical 
resources and mental energies was perhaps a natural result. 
Man has often been declared to be the product of the pecu- 
liarities of the period in which he was born. Well might 
Shakespeare say of his own time, " All the world is a stage, and 
all the men and women are mere players ; " for the whole reign 
of Elizabeth was a theatrical pageant, where Leicester and 
Essex, Sidney, Southampton, and Raleigh, and not excepting 
Bacon, the representative of philosophy, personated the various 
characters of an heroic drama ; while the many-sided Shake- 

1 Tlie superior nav.il adv.incement of Italy at that period is illustrated by the 
fact, that the leaders of discovery in the western hemisphere — Columbus in the 
service of Spain, Cabot in the service of England, Vespucius in the service of Portu- 
gal, and Verazzano in the service of France — were Italians. 



134 HISTORY OF GRANTS UNDER THE 

speare was himself a dramatic embodiment of the entire intel- 
lectual expansion of his age. 

' There lived then a certain remarkable woman, — remarkable 
for having two sons of different fathers, whose heroic tempera- 
ment and versatile talents must have been derived from their 
common mother. The half-brothers, Humphrey Gilbert and 
Walter Raleigh, were more alike in tastes and genius than is 
often seen in a nearer relationship. It was the blood of the 
C/iampernons, — a name that has a place of its own in our 
colonial history, — and not that of the Gilberts or Ealeighs, 
which made them what they were. 

To these two men, of honorable birth and social standing, 
each of whom combined the habits and qualities of a soldier 
with those of a studious scholar, and could handle with equal 
skill the pen and tlie sword, we owe it that this New England 
where we live, and this entire Union of vigorous States, are not 
dependencies of France or Spain, or such as are those feeble 
provinces which sprang from French or S))anish colonization. 

Whatever constructive right or title England had acquired by 
the discoveries of the Cabots, a little more delay, and their 
assertion would have been no longer practicable, except at the 
point of the sword. It was Gilbert and Raleigh who, in the 
nick of time, gave this direction to British energies ; and appar- 
ently nothing but the grand ideas and exhaustless resolution of 
these great minds, and their inspiring influence amid disappoint- 
ment and disaster, saved an indefinite and uncertain claim by 
means of a positive and substantial possession. 

The rival claims of the leading European powers, at this 
juncture, to the soil of our continent north of the Gulf of Mexico, 
were not better defined, or more easy of satisfactory adjustment 
upon legal and equitable principles, than are those of the 
grantees of the Great Council for New England, which are 
now the particular subject of consideration. The rules and pre- 
cedents of national and international law furnish a convenient 
phraseology for the discussion of questions relating to territorial 
ownership and boundaries, as phrenology provides a convenient 
nomenclature for describing the faculties of the mind although 
it may not be admitted to determine their actual position and 
limits. In larger divisions of land, even where private citizens 



GREAT COUNCIL FOR NEW ENGLAND. 135 

alone are concerned, the most tenacious grasp is apt ultimately 
to acquire the legal title. Time heals defects, and the pertina- 
cious possessor finds his right to hold and convey secured by 
circumstances, and protected by judicial tribunals. 

The English jurists of the reign of Elizabetii maintained, that 
discovery and possession united could alone give a valid title to 
a new country. But how far asunder in point of time might 
these acts be, and yet retain their virtue when brought together? 
And what if another discovery and a possession came between 
them ? Will a possession fairly taken, but not continued by 
uninterrupted occupancy, avail for a completion of title? 

The answers to these questions are not so distinctly given as 
to enable us to found upon them, clearly, the right of the British 
crown to issue patents and charters, empowering its subjects to 
hold and distribute the regions which, under the names of Vir- 
ginia and New England, embraced a large portion of the North 
American continent. 

John and Sebastian Cabot discovered, and to some extent 
explored, the American coast (a. d. 1497-8) from Labrador to 
the Carolinas, more than a year before the continent had been 
seen by Columbus or by Americus Vespucius ; but the subjects 
of other powers had visited these shores familiarly, and some of 
them had taken formal possession in the name of their sovereign, 
long before Sir Humphrey Gilbert came to Newfoundland in 
1583. 

On behalf of the King of Portugal, Cortereal ranged the 
northern coast only two years later than the Cabots, and gave 
the name Labrador to the country still so called. 

A map of the Gulf of St. Lawrence and the neighboring 
country was made by the French, from their own observations, 
as early as 1507. 

It is said, that in 1522 there were fifty houses at Newfound- 
land occupied by people of different nations. There were prob- 
ably some English among them, although the English fisheries 
were then chiefly in the direction of Iceland. 

In 1524, an expedition for discovery was sent by Francis I. of 
France, under John De Verazzano, a Florentine, who explored 
our coast from the Carolinas to Newfoundland, as the Cabots 
had done, but with more particularity, and called the country 



136 HISTORY OP GRANTS UNDER THE 

New France; and in the same year Stephen Gomez, in the 
service of Spain, sailed from Florida to Cape Race ; his object 
being, as was then the case with almost all the navigators that 
preceded him here, to find a passage through to the Pacific 
Ocean, then called the South Sea. 

After this, while the Spaniards were seeking a foothold in 
Florida, the French, in a series of expeditions from 1534 to 
1542, with Cartier as chief leader, were, on behalf of France, 
erecting monuments in token of possession, and planting colo- 
nies, in the region of the gulf of St. Lawrence, Having endured 
several seasons of trial and suffering, these colonies came to an 
end, as settlements ; leaving, it is claimed, some of their members 
still in the country. With the exception of a disastrous ex- 
pedition in 1549, when Roberval and a numerous train of 
adventurers were supposed to have perished at sea, no farther 
measures were taken by the French to re-establish themselves in 
the North till near the close of that century. 

Thus, while England had neglected to maintain her rights as 
a discoverer, Spain, Portugal, and France had explored the 
same parts of North America; and France had planted her 
subjects on the soil, without formal remonstrance, so far as is 
known, from any other power. The English fishery at Newfound- 
land had become important in 1548; but no record has been 
preserved of any attempt at colonization. 

This negligence, or indifference, was first broken by Sir 
Humphrey Gilbert. He had written a discourse to show the 
probability of a passage by the north-west to India, which may 
have promoted the voyage of Frobisher to the Arctic Sea in 
1576 ; and, in 1578, he received from Queen Elizabeth authority 
to discover and take possession of remote and barbarous lands 
unoccupied by any Christian prince or people, as the Cabots had 
been empowered to do by Henry VH. It is noticeable, that the 
patent to Gilbert contains no allusion to the Cabots, or to any 
rights of the crown derived from former discoveries. For aught 
that appears in the instrument itself, this was an independent 
and original enterprise for discovery and conquest, with a right 
on the part of Gilbert to possess and govern the discovered and 
conquered lands in subordination to the Queen. But such was 
not the view of the grantee himself. He did not survive to be 



GREAT COUNCIL FOR NEW ENGLAND. 137 

his own historian; but we learn from the narrative of Edward 
Haies, "a principall actour in the .same voyage," — 

1st, That the enterprise of Gilbert was based upon the con- 
sideration, that "John Cabot, the father, and Sebastian, his son, 
an Englishman born, were the first finders out of all that great 
tract of land stretching from the Capo of Florida unto those 
Islands which we now call the Newfoundland ; all of which 
tiiey brought and annexed unto the crown of England." 

2d, That if a man's motives " be derived from a virtuous and 
heroical mind, preferring chiefly the honor of God, compassion 
of poor infidels captived by the devil, tyrannizing in most 
wonderful and dreadful manner over their bodies and souls," and 
other honorable purposes specified, " God will assist such an 
actor beyond the expectation of man." Especially as, " in this 
last age of the world, the time is complete for receiving also 
these Gentiles into his mercy ; ... it seeming probable by the 
event of precedent attempts made by the Spaniards and French 
sundry times, that the country lying North of Florida God hath 
reserved to be reduced unto Christian civilization by the English 
nation." 

" Then seeing the English nation only Imth right unto these countries 
of America, from the Cape of Florida northwanl, by the privilege of 
iirst discovery, . . . which right also seemetii strongly defended on our 
belialf liy the powerful hand of almighty God, withstanding the enter- 
prises of other nations ; it may greatly encourage us upon so just 
ground, as is our right, and upon so sacred .an intent as to plant religion, 
to prosecute effectually the full possession of these so ample and pleasant 
countries appertaining unto the crown of England ; the same (as is to be 
conjectured by infallible arguments of the world's end approaching) being 
now arrived unto the time by God prescribed of their vocation, if ever 
their caUing unto the knowledge of God may be expected." 

This conviction, that the end of the world was near, was the 
source of much of the heroic adventure, and the excuse for 
much of the merciless barbarity towards the natives, which 
attended the occupation of this continent by Europeans. The 
Word was first to be preached among all nations ; and soldiers 
and priests aliJve believed themselves agents of heaven in the 
fulfilment of prophecy, when, acting under papal or royal au 
thority, they compelled the submission of heathen nations to the 



138 HISTORY OP GRANTS UNDER THE 

Christian faith by violence and bloodshed. Columbus thought 
he had ascertained by calculation, that there remained but one 
hundred and fifty years from his time before the final catastrojahe. 
" My enterprise," said lie, " has accomplished simply tiiat which 
the prophet Isaiah had predicted, — that, before the end of the 
world, the gospel should be preached upon all the earth, and the 
Holy City be restored to the cliurch." Nearly ninety years of 
that remnant of time had expired, when, influenced by similar 
sentiments. Sir Humphrey Gilbert set forth on a similar errand. 

It was liis intention to take possession at Newfoundland for 
the nortliern portion of the country, and at some point nearer 
Florida for the southern portion of the English claim ; going 
first to Newfoundland to gain the advantage of a favorable 
season of the year, and the period when fishing vessels were 
most numerous at that station. The ships of different nations 
then engaged in that employment, were one hundred from Spain, 
fifty from Portugal, and one hundred and fifty from France, to 
fifty from England. But England had become full-blooded and 
dangerous, and already aspired to rule the seas. She had the 
best ships, which, as Haies expresses it, were " admii'als " over 
the rest, and controlled the harbors. 

Gilbert landed, and calling together the merchants and ship- 
masters of the several nations, took possession with all the 
prescribed formalities. He promulgated laws, to which the 
people, by general voice, promised obedience ; and made grants 
of land, the recipients covenanting to pay an annual rent, and 
yearly to maintain possession of the same by themselves or their 
assigns as his representatives. 

We know that Gilbert was lost at sea, without having been 
able to make a like demonstration elsewhere. But his proceed- 
ings at Newfoundland have been regarded by all English writers 
as substantiating the English title to the whole country. No 
distinct colony was left behind him ; but the British domination 
continued to be recognized by the mixed population on the 
shore, and was, when necessary, enforced by summary process 
among the ships. 

On learning the death of his heroic half-brother. Sir Walter 
Raleigh, his partner in the enterprise, immediately obtained a 
similar commission and patent in his own name, and sought to 



GRKAT COUNCIL FOR NEW ENGLAND. 139 

complete their purpose by planting a colony at the South. It 
was his fortune, too, to fail in that part of his design which con- 
templated the establishment of settlements under his own rule 
and tributary to himself; but he was the first to possess and 
occupy the soil of Virginia ; and, although interrupted for a 
time, the occupancy of British subjects in that region became 
permanent, without the interference of rival attempts at coloniza- 
tion. 

It was under such circumstances, and in such manner, that 
the title of England, be it good or bad, to a portion of our con- 
tinent, was originally acquired and maintained. 

It seemed to be desirable to refer to the nature of that title, 
to the civil condition of England, to the operations of trade and 
fishery, and to the colonial projects which preceded the incor- 
poration of that semi-commercial, semi-political body known as 
the Great Council for New England. For it was the wealth of 
the mercantile classes, resulting in some degree from the dis- 
covery of new sources and new courses of trade in distant 
regions, that made the nobility and gentry eager to partake of 
their gains. The " Fellowship of English Merchants for the 
Discovery of New Trades," sometimes called also the Muscovy 
or Russian Company, which had a charter as early as 1-554-5, 
had been remarkably successful. Immense fortunes, like those 
of Sir Thomas Smith and Sir John Wolstenholm, and others 
who took part in the Virginia enterprises, had been realized by 
merchants who became knights and baronets. The wealth of 
the House of Commons far exceeded that of the House of Lords. 
The great increase of extravagance in private expenditure had 
become a serious drain upon the resources of the nobility; and 
it was the hope of profit from the fur trade and fisheries, com- 
bined with the advantage and dignity of territorial proprietor- 
ship, that caused the formation and governed the conduct of the 
New-England Company, while ignorance of business and em- 
barrassments arising from conflicting claims, domestic and for- 
eign, brought it to an end. 

There is another preliminary fact, which is of great interest 
to New England, and especially to Massachusetts. At the 
beginning of a new century, a. d. 1602, Raleigh's colonies had 
disappeared, and all traces of them were lost. Dr. Holmes, in 



140 HISTORY OF GRANTS UNDER THE 

his Annals, remarks, that then " in North America north of 
Mexico not a single European family could be found." If we 
understand hy f am ill/ a household of men, women, and children, 
this statement may be nearly correct; and yet it is estimated 
that there were at that time, at Newfoundland, as many as ten 
thousand men and boys employed on board and on shore in the 
business of talcing and curing tish. Colonization, however, had 
been virtually abandoned in despair. At that critical period, it 
was revived by two men whose service to this country in that 
respect has never been properly or sufficiently acknowledged. 
These were the Earl of Southampton and Bartholomew Gos- 
nold : the first, the friend and patron of Shakespeare, and the 
subject of many of his sonnets, who had impaired his fortune by 
his liberality to men of letters ; the other, an intrepid mariner 
from the west of England, who became the leading spirit, and 
one of the first victims, of the attempt to renew the settlements 
of Virginia. 

You are all familiar with the story of Gosnold's visit to 
Massachusetts Bay, in 1602; and it hardly needs to be stated, 
that the expedition was undertaken with the consent of Raleigh, 
as coming within his jurisdiction ; that the cost was chiefly 
defrayed by the Earl of Southampton; that the design of the 
voyage was to find a direct and shorter way across the ocean 
and a proper seat for a plantation ; that the company consisted 
of thirty-two men, twenty of whom were to remain in the 
country ; that, in fact, they were the first to take a straight course 
across the Atlantic, instead of the usual passage to Virginia by 
the West Indies; that they reached land near Salem Harbor; 
that from them came the familiar names of Cape Cod, Martha's 
Vineyard, the Elizabeth Islands, &c. ; and that they built a fort 
at Cuttyhunk in Buzzard's Bay. They were delighted with the 
country, but were compelled to return home for larger supplies. 
Before they could come back better provided for a permanent 
settlement, Queen Elizabeth died, Raleigh was thrown into 
prison by her successor, and all schemes for American coloniza- 
tion were of necessity to be abandoned, or organized upon a new 
basis under a new sovereign himself destitute of energy and 
enterprise. Fortunately, Gosnold and his companions were not 
merely men of action, but could write and speak as well ; and to 



GREAT COUNCIL FOR NEW ENGLAND. 141 

their glowing narratives and zealous exertions, aided by the 
famous HaUiuyt, and men of influence at Court, historians 
ascribe the procurement of the charter of 1606, from which the 
ultimate settlement of the United States and the resulting 
heritage of territorial rights are to be dated. 

The fact of Gosnold's selection of our own coast for an 
intended colony is sufficiently well known ; but I am sure, that 
the characters and services of the leaders of that little company 
are not sufficiently understood and appreciated, or, instead 
of the farce which was enacted over the later and inconse- 
quential landing and brief continuance of a body of outlaws on 
the coast of Maine, all New England would have united in meas- 
ures to honor the memory of the real founders of permanent 
habitation and indisputable title within our national bounds. 

For some reason, the charter of 1606 did not embrace the 
whole of the British claim. It extended no farther south than 
the present limits of North Carolina, and no farther north than 
the present limits of the State of Vermont ; that is, from the 
thirty-fourth to the forty-fifth degree of latitude. Within these 
bounds there were to be two colonies under separate administra- 
tions, subject to a paramount administration in the mother 
country. -The southern colony could plant anywhere between 
the thirty-fourth and forty-first degrees, and the northern colony, 
anywhere between the thirty-eighth and forty-fifth degrees ; 
leaving three degrees, or the space from the southern point of 
Maryland to the southern point of Connecticut, as common 
ground. 

The northern company had need of hot haste in choosing a 
location ; as, in the race for possession, the French had once 
more taken the lead, and renewed their plans of founding an 
American empire. Having before sent over a ship-load of felons 
from the jails, who were left to take care of themselves at the 
Isle of Sables, a more formidable expedition was organized in 
1603, the year succeeding Gosnold's memorable voyage. Henry 
the Great being then King of France, a gentleman of his house- 
hold, named De Monts, received from him a patent of the Ameri- 
can territory from the fortieth to the forty-sixth degree of north 
latitude, with power, as lieutenant-general, to colonize and rule 
it. It will be noticed that this grant almost exactly covers the 



142 HISTORY OF GRANTS DNDER THE 

territory assigned to the northern colony of Virginia by the Eng- 
lish charter of 1606. De Monts lost no time in entering upon 
his dominion ; and he and his followers settled themselves in 
Nova Scotia, at Monts desert (now called Mount Desert), and 
along the coast of Maine as far as the Penobscot. They looked 
into Boston Harbor in search of a more genial climate, but 
were repelled by the hostile attitude of the natives. 

The company of outlaws which, in imitation of the French, 
Chief-Justice Popham sent to the mouth of the Sagadehoc or 
Kennebec River, in 1607, was undoubtedly intended and expected 
to check the advances of that nation. It not only failed, but its 
failure paralyzed the energies of the northern company of Vir- 
ginia for many succeeding years. 

That portion of the duplex contrivance of James I. accom- 
plished nothing important of itself until, after much opposition, 
a separate organization and charter were obtained in 1620. In 
the mean time, its twin-brother, at Jamestown, flourished, after a 
fashion ; it is doubtful whether most aided or hindered by the 
frequent interference of the English monarch, that "Dominie 
Sampson " spoilt into a king, who believed himself to be the 
fountain of wisdom, not less than the fountain of honor. It was 
able, in 1613, to fit out an armed vessel, commanded by Captain 
Argall, which broke up the French settlements at Port Royal, 
Mount Desert, &c., and compelled their inhabitants to retire 
towards Canada; protesting all the while, that whatever abstract 
rights Great Britain might possess, if any there were, the Vir- 
ginia charter expressly excepted in its grants regions already 
occupied by any Christian prince or people ; they (the French) 
being a Christian people, in occupation of the places from which 
they were driven two years before the Virginia charter was made ; 
which was very true. 

Upon the island of Manhattan at the mouth of Hudson's river, 
on the common ground of the two so-called Virginia companies, 
the Dutch had located themselves, claiming title from its discov- 
ery by Hudson, in their service. While returning from his 
expedition against the French, Captain Argall called on them 
also, and required submission. They were too feeble to resist; 
but the next year a new governor came from Amsterdam, with 
reinforcements, asserting the right of Holland to the country, and 



GREAT COUNCIL FOR NEW ENGLAND. 143 

refusing the tribute which his predecessor had consented to pay 
to the English. 

It was to this inheritance, of not undisputed possessions, to 
which the new corporation, styled " The Council established at 
Plymoutli, in the County of Devon, for the Planting, Ruling, and 
Governing of New England in America," succeeded on the 3d 
of November, 1620. 

The charter, after referring to the previous charter of 1606, 
and the changes that had since been made for the benefit of the 
southern company, states that Sir Ferdinando Gorges, and other 
principal adventurers of the northern company, with divers per- 
sons of quality who now intend to be their associates, resolving 
to prosecute their designs more eflfectually, and intending to estab- 
lish fishery, trade, and plantation, within the precincts of the said 
northern company; for that purpose, and to avoid all confusion 
and ditVerence between themselves and the other company, 
have desired to be made a distinct body. 

It proceeds to grant to the persons named, the territory from 
the fortieth to the forty-eighth degree of north latitude and 
tiirough the main land from sea to sea, to be called New Eng- 
land ; that is, from the latitude of Philadephia to the middle of 
Newfoundland, and through all that width from the Atlantic to 
the Pacific; varying a few degrees of latitude from the bounds 
prescribed in the original patent. 

They were to be one body ])olitic and corporate, to consist of 
forty persons, and no more, with perpetual succession. Vacan- 
cies were to be filled by the members. They were empowered 
to establish laws not contrary to the laws of England; and to 
their " governors, officers, and ministers," according to the natural 
limits of their offices, was given authority to correct, punish, 
pardon, and rule all English subjects that should become colon- 
ists, according to the laws and instructions of the Council; and 
in defect thereof, in cases of necessity, according to their good 
discretions, in cases criminal and capital as well as civil, and 
both marine and others. Such proceedings to be, as near as 
conveniently may be, agreeable to the laws, statutes, government, 
and policy, of the realm of England. The continent, from the 
fortieth to the forty-eighth degree, from sea to sea, was absolutely 
given, granted, and confirmed to the said Council and their sue- 



144 HISTORY OP GRANTS UNDER THE 

cessors, to be holden, as of the manor of East Greenwich, in free 
and common socage,^ as distinguished from the feudal tenure 
of personal service ; and all subjects were forbidden to trade or 
fish within their limits without a license from thte Council under 
seal. 

The rank and personal standing of the grantees corresponded 
to the extent of territory and the magnitude of the powers be- 
stowed upon them. They consisted of many of the highest 
nobility of the kingdom, and knights and gentlemen of promi- 
nence and influence. Their aims and purposes were not less lofty 
and aristocratic. Upon the general ground, that kings did first 
lay the foundations of their monarchies, by reserving to them- 
selves the sovereign power (as fit it was), and dividing their king- 
doms into counties, baronies, hundreds, and the like, they say, — 

" This foundation being so certain, there is no reason for us to vary 
from it ; and therefore we resolve to build our edifices upon it. So as 
we purpose to commit the management of our whole affairs there in 
general unto a governor, to be assisted by the advice and counsel of so 
many of the patentees as shall be there resident, together with the officers 
of Slate." 

Among the " officers of State " were to be a treasurer, a 
marshal, an admiral, and a master of ordnance. Two parts 
of the whole territory were to be divided among the patentees, 
and the other third reserved for public uses; but the entire 
territory was to be formed into counties, baronies, hundreds, 
and the like. From every county and barony deputies were 
to be chosen to consult upon the laws to be framed, and 
to reform any notable abuses. Yet these are not to be assembled 
but by order of the President and Council in England, "who 
are to give life to the laws so to be made, as those to whom of 
right it best belongs." The counties and baronies were to be 
governed by the chief, and the officers under him, with a power 
of high and low justice, subject to an appeal, in some cases, to 
the supreme courts. The lords of counties might also divide 
their counties into manors and lordships, with courts for deter- 
mining petty matters. When great cities had grown up, they 

1 " An estate of the liighest nature that a subject under any government can 
possibly receive and bold." — Sullivan, Land Titles in Massachusetts, p. 36. 



GREAT COUNCIL FOR NEW ENGLAND. 145 

were to be made bodies politic to govern their own private 
affairs, with a right of representation by deputies or burgesses.^ 

There was a provision in the charter for its renewal and 
amendment, if changes should be found expedient ; and meas- 
ures were taken for a new patent, omitting the requirement that 
their government should be as near the laws of England as may 
be, and inserting authority to create titles of honor, and estab- 
lish feudal tenures. 

The chief managers of the affairs of the Council were Sir 
Ferdinando Gorges, a friend and fellow-soldier of Raleigh, who, 
ever since the failure of the Popham enterprise in Maine, had 
been striving to settle a plantation for trade and fishing there on 
his own account; Captain John Mason, who had been governor 
of Newfoundland ; and tlie Earl of Warwick, the President. 
The patents issued to colonists, whether companies or single 
adventurers, were intended to conform to the political system 
they had adopted. 

The influence of Gorges is seen in the project, which was 
early started, of laying out a county, on the general behalf, forty 
miles square, on the Kennebec River, and building a great city at 
the junction of the rivers Kennebec and Androscoggin. Two 
kinds of patents were provided for by the Council : one for 
private undertakers of petty plantations, who were to have a 
certain quantity of land allotted them at an annual rent, with 
conditions that they should not alienate without leave, and 
should settle a stated number of persons with cattle, &c., within 
a definite period ; the other for such parties as proposed to build 
towns, with large numbers of people, having a government and 
magistrates, who were to have power to frame such laws and 
constitutions as the majority should think fit, subordinate to the 
State which was to be established, " until other order should be 
taken." 

The grand schemes of the Council were not destined to 
experience even the promise of success. They began to fail 
from the very beginning of their operations. They had to con- 
tend not only against the active hostility of the Southern cor- 
poration, the remonstrances of the French, and the pertinacity 



' Brief Relation of the President and Council. In Mass. Hist. Soc. Col., vol. xia, 

10 



146 HISTORY OF GRANTS UNDER THE 

of the Hollanders, who said little, while they encroached upon 
the fisheries, and inclined to take possession of Connecticut 
River; but the fishermen and fur-traders of England itself, 
whose rights, become prescriptive by long enjoyment, were so 
summarily interfered with. The matter was taken up by Parlia- 
ment, and Sir Ferdinando Gorges was summoned to their bar. 
His argument, that the enlargement of the King's dominions 
and the advancement of religion were of more consequence than 
a disorderly course of fishing, which, except for their plantation, 
would soon be given over, (as so goodly a coast could not long 
be left unpeopled by the French, Spanish, or Dutch), if it did not 
satisfy the Commons, had weight with the King, who continued 
his favor and protection. 

Gorges was to be the Governor of the new State ; and, in 
1623, the attempt was made to transfer an operative govern- 
ment to the American soil. The King had issued a proclama- 
tion enforcing their authority ; and now Robert Gorges, son of 
Sir Ferdinando, was sent over as Lieutenant-General and 
Governor of New England, with a suite of officers, to establish 
his court at Massachusetts Bay ; vCdiere a tract extending ten 
miles on the north-east side of the bay had been granted to him 
personally by patent. 

This proved an unfortunate procedure. It increased the 
hostile feeling in England, so that, in a list of public grievances 
brought forward by Parliament, the first was the patent for New 
England. This public declaration of the House's dislike. 
Gorges tells us, " shook off all adventurers from the plantation, 
and made many of the patentees quit their interest." The Lieu- 
tenant-Governor and his military and ecclesiastical officers were 
advised to return home ; and thus the plan of a State ruled by 
a Company, such as we have seen to succeed in India, failed in 
New England. 

The other purpose of the Council, viz., to derive a profit 
from the fisheries and the fur-trade, with a view also to the 
ultimate advantages of territorial proprietorship, was continued 
in a feeble and desultory way. The great object was to get the 
country occupied at all events, and grants of land were made 
with a singular disregard of boundaries and of previous convey- 
ance. Gorges and Mason were the only persons at all acquainted 



GREAT COUNCIL FOR NEW ENGLAND. 147 

with localities here, and Gorges had become despondent and 
almost desperate. Many members of the corporation gave up 
their partnership rather than pay their shares of the expenses; 
and it was difficult to find others to take their places. They 
tried the policy of dividing the whole territory among their 
members, in severalty, which came to nothing. Dissensions 
arose, and the Earl of Warwick withdrew from their meetings, 
but still kept the great seal, and evaded the calls that were 
made upon him to deliver it to the treasurer. They did not 
know wliat patents had been issued, and the President was 
" entreated to direct a course for finding out." It was proposed 
to send over a surveyor to settle limits, and commissioners to hear 
and determine grievances. The company became reduced from 
forty to twenty-one, notwithstanding recruits had been dili- 
gently souglit among the merchants. Their records from 
November, 1632, to January, 1634, are wanting. When they 
begin again, the only remaining objects aimed at seem to have 
been a renewal of the policy of assigning to members distinct 
portions of the region embraced in their charter, and a surrender 
of the charter to the King, who is besought to graciously ratify 
the division, and confirm it by his own decree. This he does 
not appear ever to have formally done ; and the Great Council 
for planting, ruling, and governing New England, came to an 
end in 1635, leaving no other incumbrances upon the soil than 
such as arose from a few larger patents, which depended for their 
force and validity very much upon the royal sanction they ulti- 
mately received, and some grants whose proprietors were in the 
country engaged in actual occupancy or management. 

Dr. Palfrey, in his history, gives a list of twenty-four grants 
made, or supposed to have been made, by the Council for New 
England before the final partition attempted among themselves. 
From these we must take the doubtful, or at any rate futile, 
division among the partners alleged to have been effected in 
1622 ; also the Charter of Nova Scotia to Sir William Alexander, 
which came directly from the King with the assent of the 
Council, how signified does not appear ; also the supposed grants 
to Thompson, Weston, and Wollaston, which, if ever formally 
executed, were soon forfeited or abandoned, like some others that 
might be added from the Records ; also the patent of Connecticut, 



148 HISTORY OF GRANTS UNDER THE 

March 19, 1631, which proceeded from the Earl of Warwick per- 
sonally, and was apparently founded on an actual or expected title 
passed, or to be passed, from the Council to himself. It is possi- 
ble that, like the deed of Cape Ann to the Pilgrims, by Lord 
Sheffield in 1623, it was based on a contemplated division 
among the Council that was never perfected.^ Grants were 
sometimes spoken of as made that were not drawn up; and 
sometimes the execution, long delayed, was not formally com- 
pleted, so that the Council felt at liberty to confirm or reject 
them. To some patents there were conditions attached ; such as 
rent, and the introduction of settlers within a certain time, to 
remain a certain time, which, if not complied with, might 
occasion a forfeiture. 

Four in Dr. Palfrey's list are for the benefit of the Pilgrims at 
Plymouth; but the last and amplest absorbed or cancelled the 
others. 

The first act of this nature for the benefit of the Pilgrims, 
was dated June 1, 1621. The other grants to them of 1622, 
1627, and 1630, enlarged their property and powers at Plymouth, 
and gave them a large tract of land on the Kennebec, for trade 
with the Indians ; by the special favor, it is said, of the Earl of 
Warwick, who seems to have been devoted to the interests of 
the Puritans. 

There remain to be mentioned fourteen grants professedly 
emanating from the Council: — 

1st, To Captain John Mason, March 9, 1622, of the co.ast and islands 
between Salem River and the Merrimack, called by him " Mariana^ It 
is said to have been imperfectly executed ; and was disregarded in sub- 
sequent conveyances. 

2d, To Gorges and Mason jointly, Aug. 10, 1622, of the country 
between the Merrimack and Kennebec Rivers, and sixty miles irdand from 
their mouths, " which they intend to name the Province of Maine." 

3d, To Robert Gorges, of ten miles from Boston towards Salem, just 

' Historians have stated, without giving any authority, that the Connecticut 
territory was granted hy the Council to Warwick, in 1630, and even that it was 
confirmed to him by the King. But the Council Records show that " a rough 
draft " of a patent for the Earl of Warwick, relating to the same territory, 
was under consideration three mouths after his conveyance to Lord Say and 
Sele, &c. 



GREAT COUNCIL FOR NEW ENGLAND. 149 

before he came over as Lieutenant-Governor. The tenure was by the 
sword, or per r/ladiiim comitatiis. 

4tli, To a grandson of Sir F. Gorges and liis associates, of twenty- 
four thousand acres, on both sides of York River in Maine, with the 
islands within three leagues of the coast. This patent, though referred 
hy Gorges to 1623, was not executed till Dec. 2, 1631, and was reissued 
the following March, with a partial change of associates. The considera- 
tion was their engaging to build a town. 

5th, To tiie Massachusetts Company, which, as confirmed by the royal 
charter, March 4, 1629, covered Mason's Mariana, the tract of Robert 
Gorges, and a part of the territory of Gorges and Mason ; as it was to 
embrace the country from three miles north of every part of the Merri- 
mack River to three miles south of Charles River. 

6th, To Captain .John Mason, Nov. 7, 1629, from the middle of the 
Merrimack River to the middle of the Piscataqua, and sixty miles inland 
from their mouths, and all islands within five leagues of the coast ; 
" which he intends to name New IIampsiiire." 

A series of grants succeeded, that are well known as prolific 
of suits and legal questions to the inhabitants of Maine. These 
are — 

1st, The joint patents of what are now the towns of Saco and 
Biddeford. 

2d, The IMuscongus, or Lincoln grant, between the Muscongus and the 
Penobscot Rivers, which became the famous Waldo patent. 

3d, The Ljgonia, or Plough patent, of forty miles square, between 
Cape Porpoise and Cape Elizabeth, including the now City of Portland. 
The date and the grantees are both uncertain.' 

4th, The Swamscot patent, covering the towns of Dover, Durham, 
and Stratliani. 

5tli, The Black Point grant of fifteen hundred acres in Scarborough. 

6tli, To Gorges and Mason, and certain associates, of lands on the 
Piscataqua, where some of their people had settled. 

7th, To Richard Bradshaw, fifteen hundred acres above the head of 
" Pashippscot," where he had been living.^ 

8th, To Trelawney and Goodyear, a tract between the Black Point 
patent and the Casco River. 

9tli, The well-known Pemaquid patent of twelve thousand acres, Feb. 
29, 1032, to be land "not lately granted, settled, and inhabited by any 
English." 

' Willis, in Hist, of Portland. 

2 Thia is added from the Council Records. 



150 HISTORY OP GRANTS UNDER THE 

All writers, until recently, have called the grant of Aug. 10, 
1622, the Laconia grant. It was not till a copy of the grant of 
August, 1622, was obtained from England, by the Maine His- 
torical Society, for publication in 1863, that the error became 
apparent. The real Laconia grant was dated Nov. 17, 1629, 
and conveyed to Gorges and Mason " all those lands and coun- 
tries bordering upon the great lake, or lakes and rivers known 
by the name of the River and Lake, or Rivers and Lakes of the 
Iroquois," meaning thereby Lake Champlain. The final and 
efTective grant of the Province of Maine was to Gorges, directly 
from the King, April 3, 1639, when the Council for New England 
had ceased to exist. 

The heirs of Gorges and Mason, after vain efforts to sustain 
their title to Maine and New Hampshire, ultimately surrendered 
their claims for a moderate consideration ; while the minor tracts, 
in process of time, came to be defined and adjusted by legis- 
lative and judicial interference. 

It may be said, with probable truth, that, but for the success 
of Massachusetts, all other grants or patents from the Council 
would have come to nought; and that, on one side the French, 
and on the other the Dutch, or else the original natives, would 
have become possessed of all New England. It was so as- 
serted when Massachusetts was summoned to show cause why 
its charter should not be revoked. 

Yet the charter of the Massachusetts Company gave the death 
blow to the Council for New England. In connection with the 
litigious attacks of the Virginia Company, who desired to break 
up the monopoly of the fisheries, and the protest of the French 
ambassador, it is assigned, by themselves, as the principal cause 
of the surrender of their charter. They complained that their own 
grant to this company had been unfairly obtained and unreason- 
ably enlarged, absorbing the tract of Robert Gorges, and riding 
over the heads of all those lords who had portions assigned (hem 
in the King's presence ; that its members wholly excluded them- 
selves from the government of the Council, and made themselves 
a free people, " whereby they did rend in pieces the first foun- 
dation of the building." On account of these troubles, and upon 
these considerations, they resolved to surrender their own patent 
to the Kinsf. 



GREAT COUNCIL FOR NEW ENGLAND. 151 

The political purpose of the founders of Massachusetts, and 
its friends in England, when clearly understood, will be seen to 
shed a new light upon many obscure points of our own and also 
of English history. 

It is curious to observe, among the men who intended to come 
to New England, Pym, Hampden, Sir Arthur Hazlerig, and 
Oliver Cromwell. It is instructive to notice, that it was the 
Earl of Warwick who managed to obtain the patent for the 
Massachusetts Company, as Gorges relates ; that it was the 
same earl who, on his own responsibility, conveyed Connecticut 
to Lord Say and Sele, Lord Rich, Charles Fiennes, John Pym, 
John Hampden, Herbert Pelham, and others ; and then to re- 
mark that, in the revolution which soon took place in England, 
the Earl of Warwick, Lord Say and Sele, and Lord Mandeville, 
the son-in-law of Warwick, are designated by Clarendon as chief 
managers among the Peers; while in the House of Commons, 
Pym, Hampden, Sir Harry Vane, and Nathaniel Fiennes, brother 
of Charles, were principal leaders. From these, and many other 
coincidences, it looks as if the revolution at home was only a 
carrying out and extending of the political experiment which it 
had first been their intention to try in New England. And the 
impression is strengthened, when we learn that members of the 
original Massachusetts Company took a prominent part in all 
the public movements of the revolutionary party, • — in Parlia- 
ment, in the Army, in the Assembly of Divines at Westminster, 
and among the Judges appointed for the trial of the King. It is 
not strange that the lesser purpose, and the more limited inten- 
tion, sliould have been forgotten or obscured, amid the exciting 
events of the grander and more comprehensive undertaking.^ 

A more particular account of the grants made or proposed by 
the Council, which would have been tedious in a lecture before 
a general audience, is given in a supplement. 

' Dr. Palfrey (Hist, of N. E., vol. i. p. 308) refers to the probable purpose of a 
renovated Englaml in America entertained by the Puritan leaders, in view of the 
clouds that were gathering over the political prospects at home ; and quotes a remark 
of Burke, to whom the same reflection had occurred. See also Hist, of N. E., 
Tol. 1. p. 390, n. 



152 HISTORY OF THE GRANTS XniDER THE 



SUPPLEMENT. 



Every one at all familiar with the grants from the Council for New Eng- 
land must be aware that their history would properly fill the pages of a large 
■volume. All that a single lecture can accomplish, even with the aid of a 
supplement, is to take the place of an introductory chapter, giving some account 
of the subject-matter, and an abstract of the most important facts and con- 
clusions. It is believed that the list of grants here presented is more full and 
more correct than any before attempted ; but in a case where our most careful 
historians have been led into remarkable errors, it would be unreasonable to 
demand absolute accuracy or completeness. The patience required for the 
selection and verification of the particulars now brought together, the reader 
will hardly be able to appreciate. 

Summary op Grants from the Great Council for New Engi„vnd. 

No. 1. — The first grant from the Council, of which there is any record, 
was taken out in the name of John Peirce, citizen and clotliworker of London, 
and his associates, June 1, 1621, for the benefit of the Pilgrims at Plymouth. 
It allowed one hundred acres to each planter within seven years, free liberty 
to fish on the coast of New England, and fifteen hundred acres for public uses. 
After seven years, a rent of two shillings for everyone hundred acres to be paid 
annually. The lands having been properly surveyed and set out by metes and 
bounds at the charge of the grantees, upon reasonable request within seven 
years they are to be confirmed by deed, and letters of incorporation granted, 
with liberty to make laws and constitutions of government. In the mean time, 
the undertakers and planters are authorized to establish such laws and ordi- 
nances, and appoint such officers, as they shall by most voices agree upon. 
This patent was first printed from the original manuscript, with an introduction 
and notes, by Charles Deane, Esq., in 185i. The land was to be taken any- 
where not within ten miles of land already inhabited, or located by authority 
of the Council, unless it be on the opposite side of some river. 

No. 2. — 1622, March 9. Captain John Mason's " Mariana.''' The head- 
land " known by the name of Tragabigsenda, or Cape Anne, with the north, 
south, and east shores thereof," from Naumkeag River, to a river north-west- 
ward from the Cape (the Merrimack), then up that river to its head, thence 
across to the head of the other river ; with all the islands within three miles of 
the shore. Hubbard, Hist, of N. E., pp. 614-16. 

No. 3. — 1622, April 20. To John Peirce. This was an attempt of Peirce 
to surrender the indenture of June 1, 1621, and take a deed of the lands to 
himself, his heirs, associates, and assigns. When it was ascertained that his 
associates were not privy to this movement, he was compelled to agree to 



GREAT COUNCIL FOR NEW ENGLAND. 153 

submit the matter to tlie authority aud pleasure of the Council. See Council 
Kecords, in Proceedings of American xVntiijuarian Society of April, 18G7. 

No. -1. — 1622, May 31. In the Records of the Council of this date, it is 
stated, that " order is given for patents to be drawn for the Earl of Warwick, 
and his associates, the Lord Gorges, Sir Kobert Mansell, Sir Ferdinando 
Gorges." Dr. Palfrey regards this order as referring to a division of the 
country, from the Bay of Fundy to Narragaiiset Bay, among twenty as- 
sociates, in which the region about Cape Ann fell to Lord Shcllicld, who sold 
a patent for it to the New-Plymouth people. Captain John Smith, in his 
" Generall Historie," published in 1624:, says that New England was " engrossed 
by twenty patentees who divided my map into twenty parts, and cast lots for 
their shares." Mr. Thornton, in his interesting work on Cape Ann, has a 
map from Purchas representing this division, and a fac-simile of the patent 
from Lord Sheffield above mentioned. There may have been such a division 
suggested when Captain Smith wrote, and Purchas, writing at the same date, may 
have prepared the map to correspond with that expectation. The above order 
from the Records of the Council seems, however, to be limited in its applica- 
tion to the Earl of AVarwick, and tJirec associates ; and there is no account of 
sucli a division as the map exhibits in the Records, as we have them, or in the 
"Relation of the President and Council," or in the " Briefe Narration" of 
Gorges, or in the act of the Resignation of the Charter, where it would 
naturally appear. The division referred to by Gorges in his "Briefe Narration," 
and which is described in the proceedings for the surrender of the charter, is a 
very dilferent one, and quite inconsistent with that exhibited by the map. It is 
not improbable that the distribution mentioned by Smith, may be alluded 
to in the agreement for the division, Feb. 3, lU;U-5, thus: "Forasmuch 
as . . . in the 8th (? 18th) year of the reign of King James, of blessed 
memory, in whose presence lots were drawn for settling of divers and sundry 
divisions of land, on the sea-coast of the said country, upon most of us, which 
hitherto have never been confirmed in the said lands so allotted, and to the intent 
that every one of us according to equity, and in some reasonable manner 
answerable to his adventures or other interest, may enjoy a proportion of the 
said country to be immediately holden of his Majesty, wo therefore," &c. 
The deed from Lord Sheffield, dated Jan. 1, 1623-4, is in direct conflict with the 
grant from the Council to Mason, March 9, 1622. (See above. No. 2.) Lord 
Sheffield's conveyance of Cape Ann, like that of Connecticut by the Earl of 
Warwick, was probably based upon a proposed division that was never 
leg.illy completed. See note at the end of this Supplement. 

No. 5. — 1G22, Aug. 10. By indenture to Sir Ferdinando' Gorges and 
Captain John Mason, " All that part of the mainland in New England lying 
upon the sea-coast, betwixt the rivers of Merrimack and Sagadahoc, and to the 
furthest heads of the said rivers, and so forwards up into the land westward, 
until threescore miles be finished from the first entr.iuce of the aforesaid rivers, 
and half way over; that is to say, to the midst of the s.-iid two rivers," "to- 
gether with all the islands and islets within five leagues' dist.ince of the 
premises," which, it is stated, the grantees with the consent of the President 
and Council intend to name " The Province oj' Maine." 



154 HISTORY OF THE GRANTS UNDER THE 

The error of Dr. Belknap in supposing this to be the Lac mia grant, has 
been repeated by historians to the present time. Mr. Deane, who saw the 
true Laconia deed in the Record Office in London, two years ago, gives the 
correct statement in the Report of the Council of the American Antiquarian 
Society, Oct. 21, 18G8. The grant of Aug. 10, 1622, is given in full in the 
Provincial Papers of New Hampshire, edited by Dr. Bouton (Concord, 18U7), 
who also makes the correction. Hutchinson, Hist., vol. i. p. 282, ed. of 171)5, savs 
this grant " did not appear to have been signed, sealed, or witnessed bv any 
order of the Council." See Provincial Papers of New Hampshire, p. 28, note. 
Por an interesting opinion of Sir William Jones, the King's Attorney-General, in 
1679, on the validity of the several grants to Mason, on the absence of any 
right in the Council for Now England to confer powers of government, and on 
the requirement of their charter that their grants should appear to be the acts 
of a majority of the Council present at a lawful meeting, see Hubbard's 
Hist, of N. E., pp. G16-621. 

No. 6. — 1622, Nov. 16. The Council Records speak of Mr. Thompson's 
patent as " this day signed." In the Appendix to the memorial volume of the 
Maine Historical Society, is a copy of an ancient, but imperfect list of New- 
England patents, from the Record Office, London, in which the first named is 
" a patent to David Thompson, M. Jobe, M. Sherwood, of Plimouth, fur a pt. 
of Piscattowa River." Wh.atever Thompson's grant may have been, it came 
to nothing. He was a Scotchman, apparently in the service of the Gorges' 
family, and lived at one time on the Piscataqua River; and at another, on 
" Thompson's Island" in Boston Harbor. 

No. 7. — 1622. Thomas Weston was supposed to h.ave a patent of land at 
Wessagusset (Weymouth, Mass.). Bradford, p. 122. " Weston's patent is not 
extant, and little is known respecting it."- Deane, in Bradford, p. 124, note. 

No. 8. — 1622, Dec. 30. To Robert Gorges, son of Sir Ferdinando, "All 
that part of the mainland commonly called Messachusiac, on the north-east 
side of the Bay known by the name of Massachuset, together with all the shores 
along the sea for ten English miles in a strait line towards the north-east, and 
thirty miles into the mainland through all the breadth aforesaid," including the 
islands, within three miles of any part of said Land, not before granted. The 
grant is given at length in the " Briefe Narration," chap, .xxiii. Its tenure is by 
"the sword," per Gladium Comitatus. When Robert Gorges came over, he 
located himself at Wessagusset, which was not within his grant. Among the 
manuscript records of Massachusetts is a memorandum to the eflTect, that, Robert 
Gorges having died without issue, the land descended to his eldest brother, John, 
who conveyed it to Sir William Brereton, Jan. 10, 1628. Brereton died, 
leaving a son and a daughter. Tlie son died, and the daughter married Edmund 
Lenthall ; and their only daughter and heir married Mr. Levett, of the Inner 
Temple, who claimed the land in right of his wife. See note to the " Briefe 
Narration" of Gorges, in Coll. of Me. Hist. Soc, vol. ii. p. 46. 

No. 9. — 1623. To Ferdinando Gorges, grandson of Sir Ferdinando, and 
his associates, among whom were "Walter Norton, Lieutenant- Colonel 
Thomas Coppyn, Esq., Samuel JLaverick, Esq., Thomas Graves, Gent, (an 
engineer). Raphe Glover, merchant, William Jefifryes, Gent., John Busley, 



GREAT COUNCIL FOR NEW ENGLAND. 155 

Gent., Joel Woolsey, Gent., all of New England." The date of 1G23 ia 
derived from the " Briefe Narration," chap, x.xv., where Gorges says his grand- 
son, and some of his associates, hastened to take possession at the time, carry- 
ing with thoni their families ; but according to the Council Records, the date 
of sealing the patent was Dec. 2, 1631. It was renewed March 2, 16oi!, with 
some cliange in the associates, and the former patent cancelled. The grant was 
first, of one hundred acres to each person transported within seven years, if he 
remained three years ; second, of twelve thousand more, to the associates, on 
the east side of the river Aganicnticus, on the coast three miles, and into the 
land so far as to contain twelve thousand acres, and one hundred acres more for 
each person ; third, to F. Gorges himself, besides the above,twelve thousand acres 
on the opposite or western side of the river along the coast westerly to the land 
approjiriated to the plantation at Pascataquack (Portsmouth), and so along the 
river Aganicnticus, and the bounds of Pascataquack, into the mainland so far as 
to contain twelve thousand acres ; with all the islands within three leagues into 
the ocean. In consideration that they have undertaken to build a town. Two 
shillings to be paid yearly for every one hundred acres of arable land after seven 
years. This description is from the Kecords of the Council, in Proceedings of 
the American Society of April, 18G7. See also respecting this grant, Coll. of 
Me. Hist. Soc., vol. ii. pp. 49, 50, note. At a meeting of the Council, March 22, 
lGo7 (after the surrender of tlieir charter), it is stated that this grant was 
renewed to Edward Godfrey and others, and " this day the seal of the com- 
pany was set thereunto." 

No. 10. — 1628. To the Plymouth people, of lands on the Kennebec. 
Renewed and enlarged the next year. Bradford, p. 232. 

No. 11. — The Massachusetts patent of March 19, 1628, made into a Royal 
charter, March 4, 1629. Dr. Palfrey expresses an opinion, that the patentees 
among whom the coast of New England had been partitioned six years before 
surrendered their claims, founded on the following record of the JNIassa- 
chusetts Company : " Sept. 29, 1629. — It is thought fit, and ordered, that the 
secretary shall write out a copy of the former grant to the Earl of Warwick and 
others, which was by them resigned to this company, to be presented to his 
lordship." 

Tlife patent of the Massachusetts Company from the New-England Council 
is not extant ; and there is some mystery attending the manner of its procure- 
ment, as well as about its original extent. Sir F. Gorges says, that, on the 
request of the Earl of Warwick, he consented to a grant that should not be 
prejudicial to the interests of his son Robert. In the act of resignation of their 
charter by tlie Council, they say, that the Massachusetts Company, "present- 
ing the names of lionest and religious men, easily obtained their first desires ; 
but those being once gotten, they used other means to advance themselves a 
step beyond their first proportions to a second grant, surreptitiously gotten, 
of other lands also, justly passed unto Captain Robert Gorges long before." 
Robert Mason, petitioning the King, in 1676, for possession of the lands granted 
to liis grandfather, declares that the Massachusetts Comp-iny "did surrep- 
titiously, and unknotim to the said Coancil, get the seal of the said Council 
aSlxed to a grant of certain lands ; " and did, by their subtile practices, get a 



156 HISTORY OF THE GRANTS UNDER THE 

conlirmation under the great seal of England. In their answer to this petition, 
the JIassaohusetts authorities deny the eharge, no doubt with sincerity ; but all 
circumstances leave an impression on the mind that, by the intiuenee, perhaps 
by the management, of the Earl of Warwick, advantages were gained, which 
many, if not most, of the Council would have objected to. By the favor of 
Warwick, the Plymouth people obtained their lands on the Kennebec ; and the 
patent of Connecticut was made in his own name, by what authority does not 
sufficiently appear. These facts m.av explain the dissatislaction which arose be- 
tween the Council and Warwick, their president, and the ellbrts of the Council 
to get the seal out of his possession. He seems not to have cared for personal 
proprietorship, but to have desired to give his Puritan Iriends the advantage 
of his official position and influence. 

No. 12. — 1629, Nov. 7. By indenture, to Captain John Mason, part of the 
same territory which was conveyed by a similar deed to Gorges and JIason, jointly, 
Aug. 10, 1C22. The dilfereuce being, that instead of extending from the middle 
of the ]\lerrimack River to the middle of the Sagadahoc, on the coast, and back 
into the interior sixty miles between those limits, this grant extends uo farther 
than the middle of the Piscataqua River, but the same distance into the interior 
between the Merrimack and the Piscataqua, including also islands within five 
leagues of the shore; " which the said Captain John !Mason, with the consent 
of the President and Council, intends to name New Hamjixhire.'''' In tlie deed 
to Gorges and Mason, it was projiosed to call the whole territory the Province 
of Maine. The form and general phraseology of the two deeds are alike. 
If the first instrument was valid, this one, of necessity, could be of no elfect. 
See above, No. 6 ; Provincial Papers of New Hampshire, pp. 21 and 28, note; 
Hazard, vol. i. p. 289. 

No. 13. — 1629, Nov. 17. This is the true i«co?H'o grant, which, by a mistake, 
originating doubtless in a misprint, has sometimes had the date Nov. 27, 
instead of Nov. 17, assigned to it. There is a copy of it in the office of 
the Secretary of State of Massachusetts. It embraces, in substance, the lands 
bordering upon the great lake (Champlain), or lakes and rivers commonly 
known by the name of the river and lake, or rivers and lakes, of the Iroquois ; 
together with those lakes and rivers, and the land within ten miles of any part 
of them on the south or east, and from the west end or sides so far to the west 
as shall extend half-way into the next great lake to the westward ; thence 
northward into the north side of the main river running from the great western 
lakes into the river of Canada, including all islands within the precincts. 

The nullity of this grant is shown bj' the fact, that so many careful historians 
have confounded it with that of Aug. 10, 1622, another imperfect and inelfectual 
instrument. See N. H. Provincial Papers, vol. i. pp. 28 and 38. Hubbard, 
Hist, of N. E., chap, xxxi., sjiys, that after three years of fruitless endeavors 
for the more full discovery of "an imaginary Province called Laconia," the 
agents of Gorges returned to England with a " non est inventa Provincia." 

No. 14. — 1629, O.S., Jan. 13. The last Plymouth patent, to William lirad- 
ford and his associates, in consideration that they have lived nine years in New 
England, and planted a town at their own cost, and are able to relieve new 
planters : All that part of New England between the middle of Cohassct River 



GREAT COUNCIL FOR NEW ENGLAND. 157 

and the middle of Narraganset River, and up from the mouths of those rivers 
in a strait line into the mainland as far as the utmost limits of the country 
called " Pokenacutt, alias Sowamsett;" and bounded on the east by the ocean, 
without including islands on the coast. And as the grantees have no con- 
venient place for trading or fishing within their own precincts, there is also 
conveyed to them all that tract ol'land, between, or extending from, the utmost 
limits of Cobbisconte, which adjoins the river Kennebec, towards the western 
ocean, and a place called the Falls at Nequamkike ; and the space of fifteen 
miles on each side of the river Kennebec, and all the said river Kennebec 
that lies within the said limits and bounds, eastward, westward, northward, 
or southward, last above mentioned. The patent gave a right of passage to 
and from the ocean, and the right of fishing on the neighboring shores, not 
inhabited or otherwise disposed of, and also privileges of administration. It 
appears to have no other signature than that of the Earl of Warwick. 

The Plymouth people tried in vain to procure a charter from the Crown, with 
powers of government. They strengthened their rights in Maine by deeds from 
the Indians, and endeavored to establish settlements; but tired of the vexation 
which that property gave them, they sold their entire interest, in 1601, to four 
persons, for lour hundred pounds. In 1753, the then owners became a cor- 
poration, by the name of " the Proprietors of the Kennebec Purchase : " and, 
after much controversy and litigation, the obscure boundaries were ultimately 
adjusted. See Gardiner's " Hist, of the Kennebec Purchase," in Coll. of Maine 
Hist. Society, vol. ii. The patent is in Hazard, vol. i. pp. 2U8-30.3. 

No. 15. — 1630, Feb. 12. At this date, two deeds were issued of the land 
between Cape Elizabeth and Cape Porpoise in Maine, each of four miles along the 
coast, and eight miles into the mainland ; one on the north side of the Saco River 
to Thomas Lewis and Richard Bonython, the other on the south side of the Saco 
River to John Oldham and Richard Vines. From these grants have sprung the 
two towns of Saco and Biddeford, retaining nearly the same limits. Hist, of 
Saco and Biddeford, by George Folsom. 

No. 16. — 1630, March 13. The Muscongus grant, afterwards known as the 
Waldo patent. The abstract of this grant, in Hazard, Coll. vol. i. pp. 30i, 305, 
taken from the Maine Records, is unintelligible. Williamson, Hist, of Me. 
vol. i. p. 240, describes it as extending from the seaboard, between the rivers 
Penobscot and Muscongus, to an unsurveyed line running east and west so far 
north as would, without interfering with any other patent, embrace a territory 
equal to thirty miles square ; and adds, in a note, that the north line, as since 
settled, is in the south line of Hampden, Newbury, and Ui.xmont. The grant 
was to John Beauchamp and Thomas Leverett, of England. Leverett is said 
t.o have succeeded to the property on the death of Beauchamp. John Leverett, 
President of Harvard College, as sole heir of his grandfather, became the owner 
in 1715. By the admission of partners, a company was formed, consisting of 
thirty proprietors, who first employed Brigadier-General Samuel Waldo as 
agent, and ultimately assigned to him the largest interest in the patent. Coll. 
of Me. Hist. Society, vol. vi. art. xv. 

No. 17. — 1630. The Lygonia, or Plough patent, considered to extend from 
Kennebunk River to Harpswell in Casco Bay, or, as usually stated, from Cape 



158 HISTORY OF THE GRANTS UNDER THE 

Porpoise to Cape Elizabeth, and forty miles inland. Hubbard. Ind. Wars, 
part ii. p. 9, saj's the patent was granted in the year lfi.30, and .signed by the 
Earl of Warwick and Sir Ferdinando Gorges. Willis, Hist, of Portland, p. 29, 
says he has never "been able to discover this patent, nor ascertain its date, 
nor who are the patentees." Different names are given in different accounts. 
An unsuccessful attempt at settlement was made in 1631. In 1643 the patent 
was transferred to Alexander Rigby, a rich English laiv^-er, who appointed 
George Cleaves as his deputy. The contest of conHicting jurisdictions between 
the representative of Rigby and the representatives of Gorges was only ended 
when Massachusetts took possession of the whole territory in 1672. Sullivan, 
Hist, of Me., pp. 309-319; ib., " Land Titles," p. 44; Williamson, Hist, of Me. 
vol. i. p. 238 ; Folsom, Hist, of Saco and Biddeford, pp. 26-28. 

No. 18. — 1631, Jlarch 12. To Edward Hilton, " all that part of the river 
Piscataqua called Hilton's Point, with the S. side of the said river up to the falls 
of Squamscot (or Swamscot), and three miles into the mainland for breadth." 
Following Dr. Belknap and Dr. Palfrey, I stated in the lecture that this grant 
covered the towns of Dover, Durham, and Stratbam. But in the recentl}- pub- 
lished Provincial Papers of New Hampshire, p. 29, Dr. Bouton, the editor, 
says, " No document relating to New Hampshire has been so grossly misrep- 
resented as this. ... It covered only Hilton's Point ; . . . and the whole did not 
exceed a township five miles square." Its extent and its ownership, in 1656, 
as shown in a record of partition, by authority of Massachusetts, may be seen 
in ibid., pp. 221-223. 

No. 19. — 1631, Nov. 4, by the Council Records (Willis, and others, say 
Nov. 1). To Thomas Cammock, fifteen hundred acres, lying upon the 
mainland along the sea-coast, on the east side of Black Point River. This is 
now a part of Scarborough, and included Stratton's islands. Possession given 
in 1633 ; patent confirmed by Gorges in 1610. The tract is now held under 
this title. Willis, Hist, of Portland, p. 31. 

]\fo. 20. — 1631, Nov. 4. To Richard Bradshaw, "fifteen hundred acres, 
to be allotted above the head of Pashippscot (Pejepscot), on the north side 
thereof, not formerly granted to any other.'''' Council Records. This, and the 
grant to Cammock, were in consideration that the grantees had been living on 
the premises for some years. 

The Council Records of Dec. 2, 1631, say, that Lord Gorges and Sir Ferdi- 
nando Gorges gave order for two patents, one for 'Walter Bagnall for a small 
island, called Richmond Island, and fifteen hundred acres on the mainland, to 
be selected by Walter Neale and Richard Vines'; another for John Stratton, of 
two thousand acres, on the soifth side of Cape Porpoise, and " on the other 
side northwards into the south side of the harbor's mouth of Cape Poi-poise." 
Sainsbury's Calendar, p. 137, has it " Johu Strsitton of Shotley, co. Sullblk, 
and his associates." 

Bagnall was at Richmond Island in 1628, where he was killed by the Indians, 
Oct. 3, 1631 (previous to the date above stated). Willis, Hist, of Portland, j). 25. 

No. 21. — 1631, Nov. 4. To Sir Ferdinando Gorges and Captain John 
Mason, and their associates, a portion of land on the Piscataqua River, " along 
the seashore westward five miles, and by an imaginary line into the mainland. 



GREAT COUNCIL FOK NEW ENGLAND. 159 

north to the bounds of a plantation belonging to Edward Hilton ; and the islands 
■within the same river eastward, together with three miles along the shore to the 
eastward of said river, and opposite to the habitation and plantation where 
Captain Neale lives, and up into the mainland northerl}', by all the breadth 
aforesaid, thirty miles ; with the lakes at the head of said river." In considera- 
tion of service formerly done, and the settlement there by Captain Xeale, the 
erection of salt-pans, &c. 

They were to pay to the Council forty shillings sterling, payable at the 
Assurance House, Royal Exchange, London, if demanded. First payment at 
the Feast of St. Michael, 1632, "and so for all service from year to year." 
Abstract in the Council Records. Hubbard, Hist, of N. E., chap, xxxi., says, 
that in his time, a copy of this indenture was extant at Portsmouth. lie makes 
the date Nov. 3, 1G31, and the instrument to be without signature or seal; but 
he says, " it seems to be of as much force as other instruments of like nature 
produced on such like accounts at the present time." The Council Records 
state that the patent was sealed Nov. -i. Hubbard calls the sum to be paid 
forty-eight pounds per animm, instead of the forty shillings mentioned in the 
Records. The names of the associates are in Hubbard. 

No. 22. — 1631, Dec. 1. To Robert Trelawny and Moses Goodyear, the 
tract lying between Cammock's patent " and the bay and river of Casco, and 
extending northwards into the mainland, so far as the limits and bounds of the 
lands granted to the said Thomas Cammock, do and ought to extend towards 
the north." It was claimed that this grant included Cajie Elizabeth, and nearly 
all the ancient town of Falmouth, and part of Gorham and Richmond island. 
A contest was maintained, in reference to boundaries, for m.any years, extending 
beyond the lives of the first settlers. Willis, Hist, of Portland, pp. 32, 33 ; 
Council Records. 

No. 23. — 1632, Feb. 29. To Robert Aldworth and Giles Elbridge : first, 
one hundred acres for every person transported by them within seven years, 
adjacent to twelve thousand acres, afterwards mentioned, and not lately granted, 
or settled and inhabited, by any English. Second, twelve thousand acres more 
to be laid out near the river Pemaquid, along the sea-coast as the coast lieth, 
and up the river as far as may contain the said twelve thousand acres and 
the hundred acres for each person transported, together with all the islands 
opposite their coast within three leagues into the ocean. In consideration that 
they have undertaken to build a town, &c. Powers of government, or ad- 
ministration, are also expressed in the deed, which was signed by the Earl of 
Warwick and Sir Ferdinando Gorges. Pemaquid, like other territories in 
!Maine, has been a subject of much controversy, and has experienced many 
vicissitudes. It is said that one of its sons is preparing a history of its fortunes. 
"Ancient Pemaquid" has already been the subject of an Historical Review, by 
Mr. Thornton. A notarial copy on parchment of the original deed, and two 
volumes of the records of its proprietors, from 17-13 to 177i, are in the library 
of the American Antiquarian Society. 

No. 21. — 1632, June 16. Under this date, in Mr. Sainsbury's Calendar 
of Colonial Papers in the State Paper Office, London, is the following entry: 
" Grant of the Council for New England to George Way and Thomas Purchas, 



160 HISTORY OF THE GRANTS UNDER THE 

of certain lands in New England, called the Kiver Bishopscotte, and all that 
bounds and limits the mainland adjoining the river to the extent of two miles." 
By Bishopscotte is meant Pcjepscof, now Brunswick. Purehas, it is said, 
took possession in 1028, and lived there many years. In 16:j9, he conveyed 
the title and jurisdiction to Massachusetts, reserving the interest and possession 
of such lands as he should use and improve within seven years. Hazard, vol. i. 
p. 457. The country was depopulated during the Indian war of 1675 ; after 
which, Richard 'W^harton obtained the claims of both Purehas and Way, ex- 
pecting a confirmation from the King, but died before his plans were completed. 
See Willis, Hist, of Portland, p. 24 ; Coll. of Me. Hist. Society, vol. iii. articles 
V. and vi. 

The original deed to Way and Purehas has long since been lost, and no 
record of it remains. This grant was the subject of a long and bitter contro- 
versy between the Pejepscot proprietors and other claimants, not finally settled 
till about 18U. Willis, Hist, of Portland, p. 64, note. 

The efforts of the Council to divide New England into provinces, or lord- 
ships, and distribute these among themselves, remain to be noticed. There 
are indications that such a design was entertained at an early period ; but the 
charter was found to be defective, and arrangements were soon made for a new 
one, from which all the patentees who had not paid their dues were to be ex- 
cluded. To entitle a partner to the benefit of the lands and the privileges of 
a patentee, a payment of £110 was required. It was voted that delinquents 
should forfeit all interest under the charter, and their rights and privileges be 
transferred to persons willing to take their places and make the payments. 
Not more than half of the original patentees accepted the conditions of mem- 
bership, and fewer still seem to have redeemed their pledges. 

At various dates in the Records, — May 31, 1622, July 24, 1622, June 21, 
and 26, 1632, — agreements and orders are introduced having in view the 
assignment of territory, more or less particularly designated, to certain mem- 
bers. But all these orders and agreements, whatever may bave been the inten- 
tions of the Council at the time, were treated as of no validity when they came 
to surrender the charter to the King. In preparation for that event, they met 
on the 3d of February, 1634—5, and divided the coast of New England into 
eight parts ; viz. : — 

1st, From the southern limits in the fortieth degree of latitude to Hudson's 
River. 

2d, From Hudson's River to a river or creek (" near a place called Rcdunes 
or Reddownes") about sixty miles eastward. 

3d, From that river eastward about forty-five miles, to a river or creek called 
Fresh River. 

4th, From the Connecticut River to the Narraganset River, accounted about 
sixty miles. 

5th, From Narraganset River around Cape Cod to Naumkeag (Salem). 

6th, From Naumkeag to Piscataqua Harbor and River. 

7th, From Piscataqua Harbor to the Kennebec River. 

8th, From the Kennebec River to the St. Croix. 



GREAT COUNCIL FOR NEW ENGLAND. 161 

By comparing the Council Records, the " Briefe Narration" of Gorges, and 
Hubbard's History of New England, we find that the First portion was assigned 
to the Earl of Arundel (Gorges says Lord Mulgrave, who was originally Lord 
Sheffield) ; the Second to the Uuke of Richmond (in place of the Duke of 
Lenox); the Third to the Earl of Carlisle; the Fuurth to Lord Gorges ; the 
Fifth to the IMarquis of Hamilton ; the Sixth to Captain John Mason ; the 
Seventh to Sir Ferdinando Gorges ; the Kiijhth to Lord Alexander. 

Each of these divisions was to extend back into the interior sixty miles, 
except the last, which reached to the " river of Canada." 

Each division, except the last two, was to have, in addition, ten thousand 
acres on the "east part of Sagadahoc." The seventh division was to have 
with it the north half of the Isles of Shoals and the Isles of Capawock, Nauti- 
can, &c., near Cape Cod ; and the eighth division the Island called Mattawack, 
or the Long Island, west of Cape Cod. The south half of the Isles of Shoals 
was to go with the division of Captain Mason. 

There is apparently a space omitted between " Fresh River," wherever that 
was, and the Connecticut. 

These divisions are described with particularity in the Records of the Coun- 
cil. It is stated that the grants were signed and delivered on the fourteenth 
day of April; that, on the eighteenth, leases, for three thousand years, of the 
several divisions, were made to the persons interested ; and that on the twenty- 
second, deeds of feofment were made to them. 

To every one that had previously a lawful grant of lands was reserved the 
freehold with its rights, he " laying down his jura regalia (if he have any) and 
paying some small acknowledgment, for that he is now to hold his land anew 
of the proprietor of the division." 

It is to be inferred that this remnant of the Council included all who were 
then desirous, or qualified, to receive assignments of territory. 

The account of this division by Hubbard, Hist, of N. E., chap, xxxi., differs 
from that in the Records in many important particulars, and is less likely to be 
correct. 

On the 26th of April, 16.35, the Council prepared a petition to the King that 
he would cause patents to be made for the several divisions, to be held imme- 
diately from himself; and on the 5th of May resolved that the deeds should be 
acknowledged before a Master in Chancery, and enrolled before the surrender 
of the charter, and the King be requested to confirm them under the Great 
Seal ; also to jirosecute a suit at law for the repeal of the Massachusetts patent. 
They also prepared the form of an acceptance for the ICing to adopt on their 
surrender of the charter, and a declaration of the reasons on account of which 
the surrender was made. The formal resignation was dated June 7, 1635. 

The acceptance of the surrender may have been held in abeyance for a 
time, as meetings of the Council are recorded, Nov. 26, 1635, March 22, 1637, 
and Nov. 1, 163S, at which business was transacted. The Earl of Lindsay de- 
sired to have a proportion of land allotted to him ; which was assented to, to be 
" on y' river where the Flemings are seated," above the Duke of Richmond. 
Lord Maltravers wished for " a degree more in longitude and latitude joining 
his limits (had he taken the place of some one of the eight grantees ?), which the 

11 



162 HISTORY OF THE GRANTS FOR NEW ENGLAND. 

Council were willing to assent to, if he would declare in what direction he wanted 
it. The Earl of Sterling's (Lord Alexander's) proportion was carried more 
distinctly to the Kennebec Kiver ; and Lord Gorges, and Sir Ferdinando Gorges, 
were each allowed sixty miles further up into the mainland. 

Our supplement can afford no space for comments or inferences ; but it is 
apparent that no such division as is referred to by Captain John Smith in 1024, 
and laid down on the map published by Purchas, was recognized by the Council 
as valid, and that no territorial rights were admitted as having belonged to the 
Earl of Warwick. The charter of Massachusetts was to be annulled, the entire 
coast of NewEngUvnd divided among the eight Proprietary's above named, and 
all remaining rights and powers belonging to the Grand Patent surrendered to 
the King, Sir Ferdinando Gorges to be made his Lieutenant or Governor over 
the whole country as a province of the Crown. Political events at home pre- 
vented the accomplishment of this design. Captain John Mason and Sir Ferdi- 
nando Gorges alone contrived to secure permanent advantages to themselves. 
No other executed deed of any of the proposed divisions has come down to us but 
that to Mason, April 22, 1G3.5, without, however, a confirmation from the King. 
Gorges received his division, with the additional sixty miles into the interior, in 
the form of a charter from the Crown, dated Aprd 3, 103'J. Obscurity of descrip- 
tion, the overlapping of boundaries in different deeds, the introduction of powers 
which the Council could not legally confer (such as those of government and 
administration), and imperfect execution, seem to have rendered most of their 
early grants unsound in their own estimation ; and perhaps all of them would 
have proved to be void or voidable if subjected to a strict legal test. It will 
simplify the subject, if we strike from the list of those which preceded 
the final division the first eight and the thirteenth as of no subsequent con- 
sequence, and rest the claims of Mason and Gorges upon the deeds to Mason 
of Nov. 7, 1629 and April 22,'l635, and the charter to Gorges of April 3, 1639, 
as some of their representatives appear to have done (see Prov. Papers of N.H. 
p. 28, note) . Massachusetts ultimately took the place of these gre.it proprietors, 
and extended her jurisdiction over most of the territory covering the minor 
patents, whose adjustment among the parties interested was the work of much 
time, and a great deal of law. 

NOTE. 

In Hubbard's nistory of N. E., pp. 231-2, is what purports to be an attesteii copy of so much of the 
agreement for a division among themselves, by the Council, a^ relates to the portion assij^ned to Captain 
John Mason. It is signed by the other seven Council members. It contains also the paragraphs 
which, in the Records of the Council, precede and follow the list and descriptions of the several divisions ; 
and an error in cop\ ing the first paragraph has increased the confusion beretoforeattcndiiig this subject. 
The agreement, as the Records show, wn.s dated Feb. 3, 1634 ; and the cop; ist ot Hubbard's document 
introduced that date into the first paragraph, which alludes to an attempt in the lifetimeof King James, 
and in his presence, to effect a similar division, making it appear !is if the attempt occurred on that 
date. In the second edition of Hubbard, the editor, Mr. Harris, observing that there must be a mistake, 
altered the figures from 1U34 to 11J24 ; a worse error, as it has led to the belief that a division was actu- 
ally made on the 3d of February, 1624. The RtcorJs mention no such date. 

It is proper to state, that the original Records of the Council for New England are not ext,ant. The 
copy printed by the American Antiquarian Society, in 1867, was obtained by me iu London, at the State 
Paper Office, where the parts so recovered exist in the form of a transcript, apparently made for a judi- 
cial purpose. Our historians were already familiar with them there. 



THE COLONY OF NEW PLYMOUTH 



ITS relatio:n's to Massachusetts. 



By WILLIAM BRIGHAM. 



THE COLONY OF NEW PLYMOUTH 



ITS eelatio:n^s to Massachusetts. 



'"T^HE colony of New Plymouth comprised all the present 
-*■ territory of the counties of Plymouth, Barnstable, and 
Bristol, with the exception of Hingliam, which was a part of 
the colony of Massachusetts Bay. It had also an additional 
strip on its southern border, now included in the State of 
Rhode Island. Its history as a civil community begins on the 
signing of the compact, on the eleventh of November, 1620, in 
the cabin of the " Mayflower," while she lay at anchor in the 
harbor of Cape Cod; and ends on its union with Massachusetts, 
under the province charter, in 1691, — a ])eriod of seventy-one 
years. It began with a population of about one hundred per- 
sons; and terminated with a population of about nine thousand. 
It began in doubt and uncertainty, in what they called a 
"remote corner of the earth;" but the threescore and eleven 
years of its existence enabled its people to accomplish the great 
purposes for which they endured and suffered so much, and to 
establish institutions and principles of civil government, which 
are now, and will ever be, the pride and admiration of every 
true friend of freedom. 

This colony was the first permanent European settlement in 
New England. Other and earlier attempts had been made, but 
had failed. An English colony had been established at James- 
town, in Virginia, a few years before ; and the French had made 
a feeble settlement in Canada. These two colonies were their 
only European neighbors ; and either of them was as incapable 
of affording aid to the Pilgrims at Plymouth, if they had been 



166 THE COLONY OF NEW PLYMOUTH 

SO disposed, as if they had been on the other side of the Atlantic. 
Previous to this settlement, Smith and Gosnold had sailed along 
the shores of New England, explored various places on its 
coast; and had published accounts of their voyages at home, 
giving a most favorable impression of its climate and soil, and 
the thousand sources of wealth whicli must follow its occupa- 
tion. 

Early in the seventeenth century, the people of England were 
looking witii intense interest towards the new world, not only as 
a place for the acquisition of wealth, but as a refuge from the 
oppressions and burdens which they began so severely to feel. 
It was this state of feeling which induced James I., in 1606, to 
grant a charter to two companies to settle Virginia, which was 
then the name given to the whole country. This charter granted 
a strip of land on the coast, about one hundred miles wide, and 
extending from the thirty-fourth to the forty-fifth degree of 
north latitude. The first, or southern colony, had permission to 
settle anywhere between the thirty-fourth and forty-first degrees ; 
and the northern colony, anywhere between the thirty-eighth 
and forty-fifth degrees ; but neither colony was permitted to 
settle within one hundred miles of the one which should make 
the first settlement. 

I refer to this charter now, and shall refer to otiier charters, 
merely to enable us fully to understand some of the diflflculties, 
under which the Plymouth colony labored, during their whole 
history. The Pilgrims before leaving home had obtained a 
charter from the southern colony, undoubtedly expecting to 
settle within its limits ; but when they arrived at Cape Cod, 
they found themselves beyond the limits of the southern Virginia 
company, and, of course, their charter was of no use to them in 
that position. 

It was under these circumstances, and for these reasons, that 
they established, under their own hands, a Constitution of 
government in the famous compact of Nov. 11, 1620, in which 
they acknowledged themselves the subjects of King James, and 
say, — 

" That having undertaken for the glory of God, and advancement of 
Christian faith, and the honor of our kiug and country, a voyage to plant 
the first colony in the northern parts of Virginia, do by these presents, sol- 



AND ITS RELATIONS TO MASSACHUSETTS. 167 

emiily ami mutually, iu the jn-eseiice of God and one another, covenaut 
and eomliine ourselves in a civil body politic, for our better ordering and 
preservation, and furtherauce of tlie ends aforesaid. And by virtue 
hereof, do enact, constitute, and form such just and equal laws, ordiuances, 
acts, constitutions, and offices, from time to time, as shall be thought most 
meet and convenient for the good of the colony, unto which we promise 
all due submission and obedience. 

" In witness whereof, we have hereunder subscribed our names at 
Cape Cod, the eleveuth of November, in the year of the reign of our 
sovereign lord, King James of England, France, and Ireland, the eigh- 
teenth ; and of Scotland, the fifty-fourth. Anno Domini, 1G20." 

This was their whole constitution of government then, and 
for ten years afterwards, and was in fact their real constitu- 
tion, during the whole history of the colony. Subsequent 
events gave them other claims of authority ; but how valid these 
claims were, we shall see in what thereafter took place. 

This agreement bearing the names of nearly all the adult male 
members of the company, and executed on the very day of their 
arrival at Cape Cod, and before any one had left the ship, for the 
purpose of establishing a civil government, under which they 
could enact laws, and protect and control their little community, 
is certainly one of the most remarkable acts of these remarkable 
men. The history of the world had afforded them no precedent 
of this character. This is the first of written constitutions the 
world ever knew, and is the sole invention of the Pilgrims. It 
established principles which were then new and untried. All 
were made equal before the law, and had an equal voice in the 
government. All were compelled to submit to the majority, and 
to give obedience to such laws as the majority should enact. 
There was no division of powers, no creation of offices, no 
restraints or checks upon the government. The majority rule of 
all the people was their only guide. These principles have 
since become familiar to the American mind, and have in fact 
become the basis of all our governments; and two and a half 
centuries have proved the truth of the remark of Governor 
Bradford, that " such an act, under their circuiTistances, might be 
as firm as any patent, and in some respects more sure." ^ 

At about the time of the signing of this compact, and without 

1 Bradford's Hist., p. 89 ; Morton's Memorial, p. 37. 



168 THE COLONY OF NEW PLYMOUTH 

the knowledge of the Pilgrims, the great patent of New Eng- 
land was granted to forty persons, called the " Council estab- 
lished at Plymouth, in the County of Devon, for the Planting and 
Governing of New England in America." It superseded the first 
grant to the northern Virginia colony; and granted all the 
territory from forty to forty-eight degrees north latitude, and 
from sea to sea. It was this extensive grant, and those that 
followed it, that afterwards created conflicting claims among the 
American colonies, which were not fully settled till after the 
Revolution, and the Independence of the country. 

This charter gave the company most extensive powers, and 
included within its limits the territory which the Pilgrims had 
settled. As this was a charter from the King, it gave to that 
company riglits superior to those of the Pilgrims, which rested 
on no higher claim than " squatter sovereignty." 

As soon, therefore, as the Pilgrims had learned what this 
grant was, they applied to the Council at Plymoutii, for a grant 
of the soil which they had taken possession of. A charter was 
obtained in the name of John Pierce, in 1621 ; but it was so 
imperfect, and so little suited to their wants and condition, that 
the colonists never used it. It gave them no distinct and sepa- 
rate territory ; but a grant of a certain number of acres to each 
settler. It really accomplished nothing towards the establishment 
of a civil government, which the Pilgrims had so much at heart. 

In 1629, another charter was granted to William Bradford and 
his associates, which, if it had been ratified and approved by the 
King, would have fully answered the purposes in view. It defined 
the boundaries of the territory, and gave them, nominally at least, 
power to make such laws and regulations as should be necessary. 

But this charter came from the Council at Plymouth. That 
Council could grant the soil, but could not confer on the colony 
powers of government. A grant of these powers could come 
only from the King. And it was for this reason, that, during their 
whole history, they exhibited constant anxiety about it, and 
were from time to time seeking the King's ratification. They 
sought it from Charles I., and also at the restoration of Charles 
II.; but they met with no success from either. It was from this 
want of authority that they lost the territory on their southern 
border, — the charter to the Rhode Island colony from the King 



AND ITS RELATIONS TO MASSACHUSETTS. 169 

extending over and beyond the boundary of the Plymouth 
colony, and being regarded as of higher authority than the 
charter of the latter, which the King had never sanctioned. 

The colonists of Massachusetts Bay were more fortunate. 
They had a grant of their charter both from the King and the 
Council at Plymouth. It was made before they left home, and 
was brought with them as their constitution of government. 

It will thus be seen that the compact of 1620 was the basis of 
the Plymouth Constitution. Under it they enacted laws and 
accomplished the great ends of civil government, and it was 
always referred to as affording the highest evidence of their 
authority. In 1636, the General Court, in declaring the sources 
of the authority of this government, and the title to its lands, 
cited this compact, the treaty with Massasoit, the grant from the 
Indians, and the charters to Pierce, and to Bradford and his asso- 
ciates. But the enumeration of so many grounds of authority 
betrays a consciousness of the weakness of their several claims, 
and this may have been a prominent cause of a less determined 
resistance to the demands of the commissioners of Charles II. 
than was made by their neighbors of the Massachusetts Bay. 

During the first teh years the Plymouth colony was very 
feeble. At the end of the first winter there were but fifty-one per- 
sons, three-fourths of whom were women and children. In 1627, 
their number had increased to one hundred and sixty-six. There 
was some increase afterwards, but at the time of the settlement of 
Boston in 16-30, they probably did not exceed two hundred and 
fifty. In the charter to Bradford, it is stated that the population 
of the colony was near three hundred persons. This was un- 
doubtedly an exaggeration, for the whole evidence shows that it 
did not exceed the number before-mentioned. But feeble though 
it was, it was nevertheless a real success. Ten years had made 
it a well-established community. They had built their dwellings 
and had established their farms, cultivating the soil, and obtain- 
ing therefrom ample means for their support. They had suffered 
from famine and endured almost every privation, yet they did 
not complain ; nor were they discouraged, but trusted in God, 
believing that better things were in store for them. Their faith 
in the future was never shaken. They never doubted that this 
was their home, and that they should be the founders of a free, 



170 THE COLONY OP NEW PLYMOUTH 

God-fearing people. When the " Mayflower" left them in April, 
1621, on her return voyage, not one of the surviving Pilgrims 
went back with her; but all stayed in their new home, already 
consecrated by the graves of one-half of their number. They 
planted their seed, and when the harvest was gathered, appointed 
a day of thanksgiving for their mutual rejoicing, and thus un- 
consciously established an institution which has already become 
national, and has given joy to at least eight generations of their 
descendants. 

Fortunately, we have a record of most of the public acts of 
this colony ; and from that record, as it appears in their laws, 
judicial proceedings, conveyances of land, wills, and inventories 
of property, we have the means of learning their character and 
condition almost as accurately as if they had been our contem- 
poraries. It was the custom of the day to record in the inven- 
tory of every deceased person's property, a detailed statement of 
every article, so that we can now ascertain how many shoes, 
what clothing, and what articles of furniture each man had. If 
he had any books, all the titles were given, and it would not be 
difficult to give a list of every volume found in the colony. 

For the first ten years most of the people resided in Ply- 
mouth. This was necessary for their protection. They had no 
officers but a governor, with at first one assistant, — afterwards 
increased to seven, — and a constable. All the freemen met in 
General Court, enacted such laws and made such orders as they 
needed, and tried and punished offenders. The legislation dur- 
ing this period was very meagre. The first law recorded estab- 
lished trial by jury in all cases, both civil and criminal. This 
was in 1623, showing their strong attachment to an institution 
of their native country, which has ever been regarded as the 
protector and birthright of the English race. In 1626, they en- 
acted that no boards or timber should be exported from the 
colony without the consent of the Governor and Council ; and 
this was done too, as the act expressed it, from fear that they 
should not have timber enough for their own use, though the 
whole country was filled with it, — a fear that the experience 
of two hundred years has proved to be wholly groundless. 

The right of the franchise during the early history of the 
colony was confined to the freemen : afterwards in the election 



AND ITS RELATIONS TO MASSACHUSETTS. 171 

of deputies, and in the management of town affairs, other per- 
sons were allowed to vote ; and so general was the franchise, that 
in some towns a majority of voters were not freemen. In 1669, 
none were allowed to'vote in towii affairs but freemen, or free- 
holders of twenty pounds' ratable estate. The General Court 
alone admitted freemen ; but the same was often done on the 
recommendation of the towns, and for many years no special 
qualifications were required; but in 1671 it was provided — 

"That none shall be admitted a freeman of this corporation, but such 
as are oue-and-twenty years of age, at the least, and have the testimony 
of their neighbors that they are of sober and peaceable convei-sation, 
orthodox in the fundamentals of religion, and such as have also twenty 
pounds of ratable estate in the government." ' 

In this respect they differed from their neighbors in Massachu- 
setts, where a voter must have been a member of a church. 
The right of taking away the franchise in case of crime or loss 
of character was always claimed and frequently exercised by the 
General Court. The right of suffrage created a duty on the 
part of the freeman, and if he failed to attend the Court, he sub- 
jected himself to a penalty of ten shillings. The right of suf- 
frage was regarded by them, as it always will be by all men who 
value free institutions, as a right which should never be neg- 
lected, and one in which the whole public, as well as the individ- 
ual, have an interest. 

The right of inquiring into the fitness of the deputies was 
always exercised, and in 1658 it was provided, that — 

" The General Court should, on being assembled, first take notice of their 
members, and if any were found unfit for such a trust, that they and the 
reasons therefore be returned to the town from which they were sent, that 
they might make choice of more able and fit persons to send in their stead ;" 

a right which, if exercised properly and fairly in some modern 
assemblies, would leave them without a quorum. 

The success of this colony, though comparatively small, un- 
doubtedly did much to promote other settlements in New Eng- 
land. The reports of Winslow and Bradford were read eagerly 
at home, and may have been an influential cause in promoting 
the settlement of Massachusetts Bay. But whether so or not, the 
settlement of Massachusetts was a most auspicious event to 
1 Plymouth Laws, p. 258. 



172 THE COLONY OF NEW PLYMOUTH 

the colony of New Plymouth. It established at once as their 
neighbors a community of intelligent people, having the same 
great objects in view, and ready at all times to exercise towards 
them their friendly offices, and afford them such aid and protec- 
tion as their situation required. The Massachusetts colonists 
were soon numbered by thousands, and were guided by men of 
great intelligence and purity. Compared with the people of Ply- 
mouth, they were rich, and able to supply themselves with such 
things as were necessary to the successful planting of a colony. 
They imported at once large numbers of neat cattle, horses, sheep, 
goats, and swine, so that in four or five years they had an ample 
supply for all their wants, and by the introduction of such agri- 
cultural implements as were known and used at that day, they 
were enabled at once to cultivate and improve their lands, and 
to obtain abundant crops. 

The prosperity of Massachusetts soon reacted on Plymouth ; 
and of the great tide of emigration which soon set in, Plymouth 
received her proportional part, so that in 1643 its population had 
increased to three thousand, and had extended beyond Plymouth, 
establishing several other towns in the colony. 

This increase and extension of population required a more 
extensive system of legislation, and in 1636 there was a revision 
of the laws, and something like a code adopted. Before they 
adopted their code, however, they made a declaration as a funda- 
mental law — 

" That no imposition, law, or ordinance be made by ourselves or others 
at present or to come, but such as shall be made or imposed by consent, 
according to the free liberties of the state and kingdom of England, and no 
otherwise." 

The very doctrine maintained by their descendants in the 
Revolution, and the violation of which led to American Inde- 
pendence. The early enunciation of this doctrine would indicate, 
that even then they expected and intended to make their own 
laws, and not to be governed by those of any other country. 

At this period, there was a secretary who kept their records, 
and it was not unusual to record the repeal of a law by a simple 
erasure, giving the date of such repeal. This appears in the 
forms of the oaths of office, which as first drawn required the 
officer to swear to be truly loyal to our Sovereign Lord, his heirs 



AND ITS RELATIONS TO MASSACHUSETTS. 173 

and successors. After the Rebellion in England, these words 
were erased, and the words, " the State and Government of 
England as it now stands," were interlined. At the Restoration, 
these were in turn erased, and the original restored. 

During this period a law was enacted, making it penal in the 
sum of twenty pounds sterling for any one elected to the office 
of governor to decline the service ; a fact showing that the race 
of gubernatorial candidates, so abundant in our times, had not 
then begun to exist. 

Till 1639, all the freemen assembled together for the enactment 
of laws. As the settlements extended, this became inconvenient, 
and their families were left exposed. At first, proxies were 
allowed, then delegates were chosen who could enact laws ; but 
they were subject to repeal by the whole body of freemen at the 
general election. In fact, during the whole history of the colony, 
though most of the laws were enacted in a meeting of delegates 
from the towns, yet the right of all the freemen to come together 
and take the legislation into their own hands was never entirely 
abandoned. 

In 1658, there was a new revision of the laws, and the secre- 
tary was directed to send a manuscript copy of this revision to 
every town in the colony, and the towns were required to furnish 
the secretary with the necessary paper to make a copy, and to 
have them read publicly once a year. One of these copies, at 
least, is still in existence. The third revision was in 1671, when 
the laws for the first time were printed. Massachusetts printed 
her first code in 1648, anticipating Plymouth in this respect 
twenty-three years. 

These laws show more fully than any thing else, what were 
the wants, opinions, and policy of the people. The charter to 
Bradford declared tliat the tenure of their lands should be, as of 
the manor of East Greenwich, in the county of Kent, — an old 
Saxon tenure, by which the lands descended to the sons equally, 
to the exclusion of the daughters. This tenure was adopted in 
their code of 1636; and there is no provision of law making 
any change till 1685, when it was provided that all the lands 
should descend to the sons equally, except that the oldest son 
should have a double portion; and if there was but one son, 
he should have the whole, even if there were a dozen daughters 



174 THE COLONY OF NEW PLYMOUTH 

excluded. There was, however, a provision by which the daugh- 
ters could be protected. They could apply to the County Court 
for an allowance, and thereupon the Court would order the son 
or sons to pay a fixed sum of money to them, if they thought it 
expedient. 

Massachusetts early adopted a more equitable rule, dividing 
the lands among all the children, the sons and daughters alike, 
except that the oldest son had a double portion, — a system that 
continued through the whole history of the province, and was 
not abolished till 1789, nine years after the adoption of our 
State Constitution. 

This rule of descent in Plymouth, though different from that 
of Massachusetts, was often rendered inoperative by the making 
of wills. These often provided lands for the daughters, and in 
some cases gave the oldest son a double portion. Captain Stand- 
ish gave a double portion to his oldest son. This system of a 
double portion to the oldest son was borrowed from the Jewish 
law, and seemed to our ancestors more equitable than the Eng- 
lish law of primogeniture. 

The authority to make disposition of property by will was 
fully recognized; and many of the colonists availed themselves 
of it. It is from these wills that we learn more fully than from 
any other source the true views of the colonists. They often 
refer to the object of their coming to this country, express their 
religious belief, and a desire to distribute their property for the 
glory of God, and the good of the colony, not forgetting to pro- 
vide for the education of their children, and for works of charity. 
Their estates were very small, varying from ^50 to £600; and, 
of course, their charitable contributions were necessarily small. 
As they had no money, they were compelled to make con- 
tributions from their domestic animals and other personal prop- 
erty. The church to which they belonged was seldom forgotten. 
Dr. Samuel Fuller, whose will was proved in 1633, after pro- ■ 
viding for his family and friends, says, — 

" I give, out of my stock of cattle, the first cow-calf that my brown 
cow shall have, to the church of God, at Plymouth, to be employed by 
the Deacon or Deacons of the said church, for the good of the said church, 
at the oversight of the ruling elders." 

Others of equal generosity, but of less means, gave smaller 



AND ITS RELATIONS TO MASSACHUSETTS. 175 

tilings, frequently a ewe-lamb, which was not only a common 
gift to the church, but to all grandchildren throughout the colony. 
These gifts appear small, but it must be recollected that they 
were poor ; and even fifteen years later, when the Commissioners 
of the United Colonies proposed a contribution through the 
colonies, for the benefit of poor students at Harvard College, they 
asked only for a peck of corn from each family. And at a later 
date there was an actual contribution through the colony, for the 
benefit of Harvard College ; and the people of the colony showed 
their interest in that institution, by contributing from their scanty 
means corn and other grains, in qnantities which appear at this 
day very small. Yet even these were most acceptable gifts ; 
and, by this universal good will, that institution, created " to 
prevent learning from being buried in the graves of the fathers," 
was sustained, and its usefulness extended. 

The inventories which were presented by executors and ad- 
ministrators, show some very curious facts. I have stated that 
they present every article in detail, so that we can see and know, 
after two hundred years, exactly what furniture and clothing 
they had, even to the number of chairs and shoes. They were 
all provided with some kind of gun or arms. Some of them 
had armor. Their cattle, at the end of twenty years, had 
become numerous, and constititted a considerable part of their 
personal property. The titles of all their books are given in 
detail, with some few exceptions. Dr. Fuller's medical works 
are described in his inventory, as " Physic Books," and were 
valued at £1; and his chest of surgical instruments was ap- 
praised at £5, making the whole stock of books and instruments 
of the physician of the colony, of the value of £6. All of them 
had one or more Bibles ; and generally a psalm-book, together 
with various religious books, generally an exposition of Revela- 
tions, or some of the books of the Old Testament. They had 
spinning-wheels almost without exception, together with a small 
quantity of hemp and flax, from which they manufactured their 
own clothing. 

In the inventory of Miles Standish, the military man of the 
colony, I find about the usual kinds of property. He had a 
library of some twenty volumes, among which were three 
Bibles, CaBsar's Commentaries, and a law-book. It is not 



176 THE COLONY OP NEW PLYMOUTH 

stated what the law-book was, but it is one of the few found in 
the colony for thirty years ; and whether it contributed any 
thing to a knowledge of the common law of England, does not 
appear. Of his instruments of war, he had one fowling-piece, 
thi-ee muskets, four carbines, two small guns, one old barrel, 
one sword, one cutlass, and three belts. 

Of his furniture, he had a warming-pan, a frying-pan, and a 
cullender. He also had two saddles, a pillion, and a bridle ; 
sixteen pieces of pewter, a still, a malt-mill, and some spinning- 
wheels. It also appears that he was a successful farmer, as well 
as warrior; for he had a large herd of cattle, including four 
oxen ; and the product of his farm was twenty-five bushels 
of corn, eleven bushels of wheat, fourteen bushels of rye, and 
thirty bushels of pease. His whole property amounted to 
£358. 

Governor Bradford had a much larger estate ; and from the 
inventory of his property, it appears that he had three match- 
lock muskets ; a snaphance musket ; a birding-piece ; a pistol, and 
cutlass; and one pair of old bandelaires. Of his furniture, he had 
four leather chairs ; one great leather chair ; two great wooden 
chairs, and two stools; also tvi^o spinning-wheels. Of his cloth- 
ing, he had a stuft'e suit, with silver buttons; a cloth cloak, faced 
with taffety ; a pair of black breeches, and a red waistcoat ; one 
black hat, and one colored one ; one pair of boots, and twenty- 
one pairs of shoes. He had some hundred volumes of books, 
among which are two Bibles ; also Mr. Cotton's answer to Mr. 
Williams, which, at that time, excited much interest in the 
Plymouth colony, where Mr. Roger Williams resided for a time, 
and was treated with great kindness and consideration by many 
of the leading men. 

I give this as a specimen of the property which some of the 
principal men of the colony had. Most of them had only the 
furniture necessary to furnish a log hut, or a dwelling equally 
humble ; and I have no doubt that there is more furniture, in 
value, in any one of fifty houses in Boston, at the present day, 
than there was in the whole Plymouth colony in 1650. A full 
statement of all their property, as it appears in their inventories, 
would give almost as accurate an idea of their condition as we 
could obtain from a daguerreotype. 



AND ITS RELATIONS TO MASSACHUSETTS. 177 

In the judicial proceedings there was great simplicity. They 
intended to follow, as far as they could, the common law of Eng- 
land. But they had few law-books and no lawyers ; and it was 
not always easy to ascertain what the common law was. Tiicy 
discarded all the cumbersome forms in use at that time in Eng- 
land; and adopted such forms as their own good sense dictated. 
The General Court was the only Court for some years; and the 
Governor and assistants tried most of the cases during the whole 
history of the colony. For some years their deeds of land were 
neither signed nor sealed ; but an acknowledgment of the sale 
was made before a magistrate, who made a memorandum of it. 
They had a grand jury to find an indictment; but when one was 
found, it was often contained in two or three lines, and meant 
what it said ; and a common man could understand far better 
what the charge was, than he could in the excessive verbiage of 
some more modern indictments. 

The punishments were often left to the discretion of the 
Courts; but they were chiefly fines, whipping, placing in the 
stocks, or town cage, — for every town was compelled by law to 
have a cage. 

Their criminal law was remarkably mild for that day, and was 
mildly administered. At the revision of 1636, there were but 
eight capital offences. At that time there were twenty in Mas- 
sachusetts, and thirty-one in England, where they afterwards 
increased to upwards of two hundred. Baylies informs us, that 
no execution ever took place in the colony for any crime but 
murder. In this he is not strictly correct ; though executions for 
other crimes were very rare, and perhaps there was but a single 
exception to the statement which the historian of the colony has 
made. At any rate, more trials for a capital offence have taken 
place in Massachusetts, during the year 1868, than all the trials 
of that character which took place in this colony during its whole 
existence. Crimes of the highest character were very rare. Most 
of the offences actually punished would have been passed over 
at the present day without notice. Taking tobacco, smoking, 
laughing in public religious meetings, inveigling the affections 
of young girls without the consent of their parents, were all 
offences which they could not tolerate ; and they, and others of 
like character, make up the great part of the crimes which en- 

12 



178 THE COLONY OF NEW PLYMOUTH 

titled the guilty one to a moderate whipping, or a temporary 
confinement in the stocks, or town cage. 

There is nothing more erroneous than to suppose that the 
Pilgrims, or the people of Plymouth, were harsh or severe in 
their laws, or in their mode of executing them. The reverse is 
the actual truth. There is not an instance of a civilized com- 
munity, certainly not of that day, whose criminal code was so 
mild, or whose citizens were more obedient to the laws under 
which they lived. Where their own laws were defective, they 
had recourse to the law of God. There was a law against 
witchcraft, or compaction with the devil; but no person was ever 
tried for that ofi'ence. There was a law against Quaker Ran- 
tors; but no Quaker had a hair of liis head hurt. Gorton pre- 
sented to the Court a railing accusation, which, in modern times, 
would have sent him to the lunatic asylum ; yet they took no 
further notice of it, than to order it to be recorded in their public 
records, thus perpetuating the evidence of their own forbearance 
and discretion, and the folly and malice of their accuser. 

They intended, undoubtedly, in their judicial proceedings, to 
follow the common law of England. This they claimed as their 
birthright. But they were not educated to the law, and they did 
not always know what was the law of their native country. 
They were thoroughly conversant with the law of Moses ; and 
they sometimes found it better suited to their condition than the 
law of England ; and when it was so, they did not hesitate to 
adopt it. There were no lawyers, by profession or education, 
for many years ; and it was not until 1671, that the law expressly 
authorized any party to employ one or two attorneys to manage 
his case, but on the express condition that they should do noth- 
ing " to deceive the Court or to darken the case ; " a provision 
which, perhaps, might be adopted with profit at the present 
time. 

In this respect, Massachusetts had a decided advantage over 
Plymouth. Her early emigrants were many of them either edu- 
cated to the law, or at least conversant with it : all the laws and 
records show this. They adopted the substance, without the use 
of the technicalities, of the law at home. Their conveyances of 
land were in form, their laws clearly and properly drawn, and 
their judicial proceedings preserving the form and order practised 



AND ITS RELATIONS TO MASSACHUSETTS 179 

at home. The leading men of Plymouth always sought the 
advice of the leading men of Massachusetts, and they were happy 
to follow it; and in nothing is the influence of Massachusetts 
more apparent than in the laws. Massachusetts was then the 
leading colony in New England, and her influence on all the 
other colonies is very striking; and it is not unusual to find her 
laws copied, word for word, and adopted by the other colonies. 
This influence was very much increased by the formation of the 
Confederacy in 1643, which brought the colonies into more inti- 
mate relations, and united them upon various matters necessary 
for their defence. The recommendations of the Commissioners 
of the United Colonies were generally treated with respect by 
the local legislatures, and oftentimes adopted by all of them at 
about the same time. These Commissioners did not confine 
themselves to the questions of peace and war, or of foreign 
commerce, but considered most matters connected with the 
prosperity of the colonies. If any one was lacking in the means 
of education, or in the support of a learned ministry, they did 
not hesitate to call attention to the fact, and to suggest a remedy. 
The influence of this Confederacy on the policy and fortunes of 
the several colonies would be an interesting subject of inquiry; 
and it would undoubtedly appear that this union was one of the 
important series of events, which not only sustained and pro- 
tected New England in her weakness and infancy, but which 
finally led to the independence of the country, and the formation 
of our present national government 

In ecclesiastical matters, there was a difference between Mas- 
sachusetts and Plymouth. The Plymouth colonists were Brown- 
ists, or Separatists. They had separated themselves wholly from 
the Church of England, and maintained the doctrine of Inde- 
pendency. The Massachusetts colonists had not, when they 
left home, wholly so separated themselves, but were connected 
with the mother church, though protesting against its service 
and ritual. But on finding themselves in a new country, they 
soon discovered that there was no material difference between 
them and the Independents at Plymouth. The Pilgrims at Ply- 
mouth assisted in the organization of the church at Salem, and 
Governor Bradford gave them the right hand of fellowship. In 
ecclesiastical matters, there is no doubt that the example of Ply- 



180 THE COLONY OF NEW PLYMOUTH 

mouth exercised an important influence over the churches of 
Massachusetts : both, in a short time, became branches of one 
denomination, which has always been known as Congregational. 
Plymouth adhered to its system with great strictness, and Mas- 
sachusetts substantially adopted it. The Plymouth churches sang 
from the Psalter of Ainsworth through their whole history, but 
Massachusetts prepared a version of the Psalms for herself, which 
was used very generally in her churches for more than a century, 
and was known as the New-England version. 

The Plymouth colonists were zealous in establishing churches 
and in supporting public worship, but it was many years after 
the settlement before they supported their ministers by a general 
tax. 

But in process of time there began to be some complaint that 
the ministers were not properly supported, and in 1655 the mag- 
istrates were ordered — 

" to use all gentle means to pursuade them to do their duty, but if any of 
them sliall not be reclaimed thereby, but shall persist through plain obsti- 
nacy against an ordinance of God, that then it shall be in the power of 
the magistrate to use such other means as may put them on their duty." 

These gentle means of persuasion did not answer the purpose; 
and, in a few years after, the legal obligation to support public 
worship throughout the colony was established by law, and pretty 
strictly enforced. 

The Plymouth colonists were not so much wiser than the rest 
of the world, as to avoid all errors in political economy and legis- 
lation. They undertook much which modern experience has 
shown to be impracticable. In 1638 they fixed the wages of a 
laborer at twelvepence per day and board, or eighteen pence 
without board, allowing but sixpence a day for board. They 
also provided, that no single person who did not belong to the 
family should reside in it without the consent of the Governor 
and Council. They attempted to fix the price of corn and other 
grains, and to determine for what sum they should be received in 
pay. Ill 1669 the constables of every town were ordered to look 
after such as sleep or play about the meeting-house, in times of 
the public worship of God, on the Lord's day, and to report their 
names to the Court ; and it is not unusual to find that persons 



AND ITS RELATIONS TO MASSACHUSETTS. 181 

were fined for these offences. At that time the men sat on one 
side of the meeting-house, and the women on the other, and the 
children by themselves with some one to keep them in order. 
In the church at Amsterdam, a deaconess was created to look 
after the children and sit among them with a birchen rod, ready 
to inflict summary punishment on any poor child who was so 
much of a mortal that he could not sit two whole hours, in that 
grave assembly, without seeing something which would render 
it impossible for him to suppress a smile. The wonder is, not 
that they laughed, but that they kept sober at all. In 1651 it 
was made penal for any one to neglect public worship, and sub- 
jected him to a fine of ten shillings. There was then about the 
same difficulty as to a license law as now, yet they had the good 
sense to make the owner of an estate, where an intoxicated man 
was found, liable, rather than the intoxicated man himself. 

In 1646 a law was enacted which shows that there has been 
a great change in the business habits of our legislators. By this 
law, the General Court was required to meet in the morning at 
seven o'clock in summer, and at eight in winter, and to remain 
together till half-past eleven o'clock, when they adjourned for 
dinner, — that being then the usual dinner-hour. After dinner 
they were required to hold another session, till such hour as the 
Governor saw fit ; and, in order to insure punctuality and con- 
stant attendance, each member was liable to a fine of sixpence 
for tardiness, and a like amount for each hour's absence during 
the session : a provision of law which we commend to all our 
legislators who desire a short session, if there are any such. 

The organization of towns was substantially the same in the 
colonies of Plymouth and Massachusetts. They were organized 
for the transaction of such matters as related to their local 
interests, such as maintaining highways, supporting public wor- 
ship, and, at a later period in the history of the colony, public 
schools. They were also required to support their own poor, 
and to train their own men in the art of war. The towns sent 
the deputies to the General Court, and recommended candidates 
for freemen. The selectmen held courts for the trial of small 
causes. In short, the towns were then, as now, small civil 
communities, exercising all the powers of self-government in all 
matters relating to their own local aft'airs. 



182 THE COLONY OP NEW PLYMOUTH 

Plymouth was far behind Massachusetts in the support of 
public schools. In 1663, the General Court advised the towns 
"to set up a schoolmaster to train up children to reading and 
writing." In 1673, the profits of the Cape fishery were appro- 
priated to the support of a public school at Plymouth. In 1677, 
every town having twelve families was required to support a 
public grammar school. This is really the first act requiring the 
support of public schools. Yet, notwithstanding this, there is 
ample evidence that education was not neglected. This was a 
part of the religion of the Puritans, and in their indentures and 
wills they made provision for it so far as they could. In the in- 
fancy of the colony, they were ready to do, and did do, voluntarily 
what they afterwards required to be done by authority of law. 

On the 24th of April, 1685, James II. was duly proclaimed at 
Ptymouth. It soon became apparent, however, that he had no 
more regard for his subjects at Plymouth than at home. The 
charters granted by his predecessors offered no obstacle to the 
furtherance of his schemes. It made little difference with him 
whether the charter came from the Council at Plymouth, or was 
a direct royal grant. These charters had existed for more than 
half a century, and had been granted for the purpose of encour- 
aging emigration to New England, and under thera flourishing 
colonies had grown up. During the troublesome times in Eng- 
land, the people had enjoyed the favor of utter neglect from the 
home government. James looked with no favor on the people 
of New England or their institutions. They had from necessity 
established their own governments and laws, and these were 
not in accordance with his arbitrary schemes. He knew that 
they had no attachment to any of the Stuart race. Their 
charters were to him mere cobwebs ; but still they were incon- 
venient, and must be swept away. So far as related to Ply- 
mouth, this was done in the most summary manner, and without 
any of the legal machinery used to annul the charter of Massa- 
chusetts Bay. 

Sir Edmund Andros was appointed Governor of New Eng- 
land, and made the instrument for the subversion of their 
governments. And notwithstanding what has lately been said 
in his vindication, his conduct towards the people of the Plymouth 
colony was cruel, arbitrary, and unjust. For three years neither 



AND ITS RELATIONS TO MASSACHUSETTS. 183 

General Court nor town meetings were permitted ; land titles 
were deemed invalid ; and all the powers of self-government 
which the Pilgrims and their descendants had claimed and 
exercised for three generations, were held in contempt, and 
totally subverted. 

But there is a limit beyond which tyranny cannot go. That 
was soon reached by Andros, and the news of his overthrow and 
imprisonment by the patriotic people of Boston gave universal 
joy throughout the Pilgrim colony. They at once resumed their 
former government, and the Revolution in England gave them 
full faith in their ability to acquire a new charter, which would 
secure a separate and permanent government. 

To accomplish this end, they appointed as their agents Sir 
Henry Ashurst, Rev. Ichabod Wiswell, of Duxbury, and Rev. 
Increase Mather, of Boston. Mather was then in England, 
having left Boston secretly for the purpose of laying the com- 
plaints of Massachusetts before the King. The result of the 
negotiations of these agents led to the suspicion that Mather 
acted for the interests of Massachusetts rather than of Plymouth. 
Such was the belief of Wiswell, who, in a letter to Governor 
Hinckley, says, — 

" All the frame of heaven moves on one axis, and the whole of New 
England's interests seems designed to be leaden on one bottom, and her 
particuhir motion to concentrate to the Massachusetts tropic. You know 
who were wont to trot after the -Bay horse. I do believe that Plymouth's 
silence, Hampshire's neglect, and the rashness and intluence of one who 
fled from New England in disguise by night, has not a little contributed 
to our disappointment." 

Mather, however, always claimed to have acted in good faith, 
and to have prevented the annexation of Plymouth to New 
York, in whose charter it was at first actually included. And 
so far as we have any evidence on this subject, it appears that 
when Mather found it was impossible to procure a charter for 
the separate and independent existence of Plymouth, he made 
all laudable efforts to secure its union with Massachusetts. 
This was undoubtedly in accordance with the wishes of the 
people of Plymouth, who preferred a union with Massachusetts, 
if any union was to take place at all. 



184 THE COLONY OP NEW PLYMOUTH 

Upon the union of the two colonies under the province 
charter, it was provided that the local laws of each should 
remain in full force, — first, for six months, and afterwards indef- 
initely till altered by the province legislature. The institutions 
and laws of both were so nearly alike that it was no difficult 
matter to establish a uniform system over both portions. Some 
alterations were made by express enactment, and some by silent 
acquiescence. Of the latter class was the famous Massachusetts 
Ordinance of 1647 relating to the riparian ownership of flats on 
tide-waters, which has been adopted in that portion of our Com- 
monwealth for more than a century. 

It would hardly be just to speak of the colony of Plymouth, 
without referring to the charge of bribery against the captain of 
the " Mayflower." It is said that the Pilgrims intended to have 
settled near the Hudson River, but that the Dutch secretly bribed 
the captain of the " Mayflower" to bring them to Cape Cod. 
There is no doubt that such was their intention; but it is not 
necessary to account for the change in the place of settlement 
by making so gross a charge against the captain. It was first 
made by Morton, nearly fifty years after the event. He says he 
has late and certain intelligence of the fact,i but refers to no 
authority; and from that time to the present no record or other 
writing has been found which has the least tendency to sustain 
the charge. The charge is that the Dutch gave a bribe. It 
must of course have been known to several persons, who would 
have been likely to have left some official record or intimation 
of so important a fact ; yet none has been found, though there 
has been, during the last twenty years, a most thorough examina- 
tion of the Dutch as well as the English records relative to the 
Pilgrims, the absence of which is strong evidence that the 
charge is not true. The evidence of Morton must have been 
mere hearsay, and should not be received after the death of a 
man to destroy his character. We might perhaps rest our case on 
that ground alone. But as the story has been repeated a thousand 
times from that day to the present, and is now publicly taught 
in the schools of Boston as true, it may be well to consider 
some of the reasons which render it wholly improbable. In 

1 See Memorial, p. 34. 



AND ITS RELATIONS TO MASSACHUSETTS. 185 

the first place, there was no motive for the act. The Dutch 
would have been glad to have had the Pilgrims settle at New 
York, and had actually had negotiations with them on the sub- 
ject before they left Holland. None of the passengers of the 
" Mayflower" ever intimated or suspected such a crime in their 
captain, but had full faith in him, not only on the voyage, but 
through the first winter, and while he was employed by them 
some years afterwards. At that important council, while the 
" Mayflower " was in mid-ocean, when the great question was 
to be settled whether they should go forward or return, it does 
not appear that the captain did or said any thing to dissuade 
them from going forward, — a thing which he would have been 
likely to have done, had he then an intention to defeat their 
designs. But, on the other hand, Bradford's account of this 
event shows, that, while the seamen were almost in a state of 
mutiny, and the passengers in doubt what course should be 
pursued, the master did more than any other person to allay 
their fears, and to encourage them to proceed. In a fierce storm, 
he says, — 

" One of the main beams in the mid-ship was bowed and cracked, 
which put them in some fear that the ship would not be able to perform 
the voyage. So some of the chief of the companj', perceiving the mariners 
to fear the sufficiency of the ship, as appeared by their mutterings, they 
entered into serious consultation with the master and other officers of the 
ship, to consider in time of the danger, and rather to return than to cast 
themselves into a desperate and inevitable peril ; and truly there was 
great distraction and difference of opinion among the mariners themselves. 
Fain would they do what could be done for their wages when being now 
half the seas over ; and, on the other hand, they were loath to hazard 
their lives too desperately. But, on examining of all opinions, the master 
and others affirmed that they knew the ship to be strong and firm under 
water; and for the buckling of the main beam, there was a great iron 
screw the passengers brought out of Holland, which would raise the 
beam into his place ; the which being done, the carpenter and master 
affirmed that, with a post put under it, set firm in the lower deck and 
otherwise bound, he would make it sufficient ; and as for the decks and 
upper works, tliey would caulk them as well as they could ; and though, 
with the working of the ship, they would not long keep stanch, yet there 
would otherwise be no great danger, if they did not overpress her with 
sails." (Bradford's Hist., p. 75.) 



186 THE COLONY OF NEW PLYMOUTH 

But there is still stronger evidence of the innocence of the 
captain, in Bradford's account of their approach to Cape Cod. 
He says, on seeing land, and having ascertained that it was Cape 
Cod, 

" we were not a little joyful. After some deliberation had amongst them- 
selves and with the master of the ship, they tacked about, and resolved to 
stand for the southward (the wind and weather being fair), to find some 
place about the Hudson's River for their habitation. But, after they had 
sailed the course about half a day, they fell amongst dangerous shoals and 
roaring breakers ; and they were so far entangled therewith, as they con- 
ceived themselves in great danger; and the wind shrinking upon them 
withal, they resolved to bear up again for the Cape, and thought them- 
selves happy to get out of those dangers before night overtook them, as 
by God's providence they did." 

In Mourt's Relation, which Dr. Young supposes to have been 
the journal of Bradford and Winslow, it is said that, — 

" By the break of day we espied land, which we deemed to be Cape Cod, 
and so afterward it proved ; and the appearance of it much comforted us, 
especially seeing so goodly a land and wooded to the brink of the sea. It 
caused us to rejoice together, and praise God that had given us once again 
to see land, and thus we made our course south-south-west, purposing to 
go to a river ten leagues to the south of the Cape; but at night, the 
wind proving contrary, we put round again for the bay of Cape Cod." 

The captain and the passengers undoubtedly all supposed that 
the Hudson River was some ten leagues south of Cape Cod, 
and by going there, they would reach their destined point. The 
whole statement is perfectly natural, and there was not then 
even a complaint of a mistake, or a suggestion of one. But 
very little was then known of the geography of the country. It 
was then, and for years afterwards, supposed, that New England 
was an island ; and it will be recollected that the charter of 
Massachusetts Bay, granted ten years afterwards, conveyed all 
the land from sea to sea, without a suspicion that it extended 
thousands of miles across a continent. With their imperfect 
knowledge of our coast, it is no wonder that they did not reach 
the wished-for point. The real cause for wonder is, that they 
came so near as they did. We have no knowledge of the track 
of the " Mayflower" across the ocean. None of the journals or 



AND ITS RELATIONS TO MASSACHUSETTS. 187 

letters of the passengers gLve us any intimation of it. All they 
tell us is, that they started from Southampton ; had favorable 
winds for several days; then were overtaken by storms, when 
they were compelled to beat about till, after a voyage of sixty- 
five days, they came in sight of Cape Cod. It has been com- 
monly supposed that they had made some mistake, and were 
not in the position they intended ; but if they followed the 
track of Smith, Gosnold, and other navigators who had, during 
the twenty years previous, visited the New-England coasts, as 
they probably did, by taking the northern route, then they were 
pursuing a direct course to the Hudson River; and a modern 
navigator, with a full knowledge of our coast, might with great 
propriety follow the same track, and go to New York through 
the Vineyard and Long Island Sounds. These statements of 
Bradford wliolly rebut all suggestion of fraud or mistake on the 
part of the captain, and show us the real cause of cutting short 
their voyage, and landing at Cape Cod, instead of going to 
the Hudson River. They had been at sea sixty-five days ; and 
when they saw Cape Cod, " they rejoiced to see so goodly a 
land." It was then the nineteenth of November, according to 
our present style. They were wholly unacquainted with the 
navigation of our coasts, and they fell in with "dangerous shoals 
and roaring breakers," by which they conceived themselves in 
great danger. It was these several causes united, that induced 
the passengers, and not the master, to turn about, and seek 
safety in the harbor of Provincetown ; and they then regarded their 
ability to do so as a special favor of that Providence which had 
brought them safely across the ocean. This movement was not 
the result of any premeditated scheme, but sprang from sudden, 
unexpected, and overwhelming necessity. And who can now 
doubt that, under the circumstances, they acted wisely ? and what 
folly and injustice to attribute an act to the machinations of the 
Dutch, or the fraud of the master, which can be fully and satis- 
factorily accounted for by the storms of winter, the dangerous 
shoals, the unknown coast, and the longing to leave the crowded 
vessel after so long a voyage ! Thus much is due to the man 
whose name has been tarnished, and whose character has been 
most unjustly injured. It is due to the heroic commander of 
that frail bark, freighted as it was with the founders of an 



188 THE COLONY OF NEW PLYMOUTH 

empire, to say that he acted his part most manfully, and that 
during the whole of that perilous voyage he did every thing 
which slvill, care, and industry could do. In justice, there should 
be neither spot nor blemish upon his fame; but to him as well 
as to his passengers the world owes a deep and lasting debt of 
gratitude. 

The colony of Plymouth, now happily incorporated into and 
made a part of our Commonwealth, has a history of its own, 
and it is a history that will never be forgotten. As a civil 
magistrate, Bradford, the father of the colony, and for twenty- 
one years its governor, would by his sound good sense and 
elevated patriotism have done honor to any age. To his wisdom 
and discretion, the colony owed much of its prosperity, and 
undoubtedly its prolonged political existence. Of the services 
of Brewster one can hardly make too high an estimate. For, 
twenty-four years he was the spiritual father and guide of the 
colony. Of the intrepid and courageous Standish, — the leader 
in all military enterprises, whether against the Indians, the fol- 
lowers of Morton at Merry Mount, or their Dutch neighbors, — 
it was as true of him as of the Trojan, that success was never to 
be despaired of when he led the way. So the Winslows, AUer- 
tou, Alden, Hatherly, Prince, Rowland, and Hinckley, were all 
good men and true, and their names are enrolled in letters of light 
in the history of the remarkable events which created this colony, 
and enabled it to do so much for the good of mankind. 

Its duration was short. One or two of the passengers of the 
" Mayflower" may have survived it. Never was there a more 
successful experiment of popular government than it exhibited. 
During the whole seventy-one years there were but six governors, 
two of whom continued in office thirty-nine years. In their 
intercourse with the Indians, they present the same bright ex- 
ample of humanity and justice as in all their public acts. Not 
a foot of soil was taken from them without their consent, nor 
without the payment of an equivalent. The treaty with Massa- 
soit was most scrupulously observed for half a century; and 
iit was not their fault, nor that of that faithful sachem, that it 
was at last violated. 

The Pilgrims belonged to that class of men of whom it has 
been said, that " God sifted a whole nation that he might send 



AND ITS RELATIONS TO MASSACHUSETTS. 189 

choice grain into the wilderness ; " and their bright example will 
give new courage to the oppressed everywhere, and inspire in 
thein new hope. Nor will the lustre of their fame diminish as 
time passes on, but will continue to grow brighter and brighter; 
and we may reasonably hope and expect, that the future genera- 
tions which shall fill our continent, will regard the Fathers of this 
little colony as the founders of the free institutions which it will 
be their pride and joy to sustain and extend. 



NOTE. 

Since preparing the .-ibore, I have been able to examine the " Notes " of Sir Joseph 
Williamson, Under-Secretary of State, copied from tlie State Paper Office in Eng- 
land, at the request of the President of the Massachusetts Historical Society, and 
soon to be published in the Proceedings of that Society. They purport to have been 
written about 166.3, just before the fitting out of the expedition against New Nether- 
land, which led to its conquest. These Notes were evidently prepared as a justifi- 
cation of the English government in asserting their claim to the territory occupied 
by the Dutch ; and take the ground that the Dutch claim was fraudulent from the 
beginning. In reference to the Pilgrims, they .allege that they " hyred a ship at 
Tarnere in Zealand of 500 tunns to transport themselves, beinge tlie number of 460 
persons to Hudson's river aforsaid. But the Dutch which transported the said 
English, brake faith with them most perfidiouslye, landing them, contrary to the 
agreement at their shipping, 140 leagues from the place N.E. in a barren country, 
since called Plymouth Colonie in New England." — This is undoubtedly the same 
story which Morton, six years after, published in another form in his Memorial; 
and his " late and certain intelligence " was probably derived from reports which the 
conquerors of New Netherland industriously circulated, with less regard to truth 
than as a justification of their acts. Morton may have received this intelligence from 
Plymouth men who had removed to Manhattan, among whom were Isaac Allerton 
and Thomas Willett. The whole statement is an utter perversion of the truth, and 
shows very plainly how, after a lapse of more than forty years, the false charge 
against the captam of the " Mayflower " originated. 



SLAVERY 

AS IT ONCE PREVAILED IN MASSACHUSETTS. 



By EMORY WASHBURN. 



SLAVERY 

AS IT ONCE PREVAILED IN MASSACHUSETTS. 



'T^HE subject of this evening's lecture is, Slavery as if once 
prevailed in Massachusetts. The inquiry will involve how- 
far it was legalized here as an institution, and to what extent 
the people of the Commonwealth were responsible for its intro- 
duction and its continuance. As a thing of the past, its history- 
is no otherwise interesting than as it is connected with the 
social and political condition of the colony and province, and as 
it awakens the inquiry how far the founders of the Common- 
wealth are obnoxious to blame for having tolerated it among 
theni. To do justice to either of these, requires a further 
inquiry into the social and political condition of the world itself 
when the colony was planted. It would be difficult, without 
such a reference, to explain why and by what means an institu- 
tion so hostile to every principle of human freedom should have 
been sustained in a colony of Christian men, whose object in 
coming here was to escape from oppression, and to found a 
Christian commonwealth. The facts of history, however, seem 
to establish this conclusion, that slavery never was in harmony 
with the public sentiment of the colony. It was sustained only 
by force of the policy and laws of the mother country, and was 
abolished by the people by the very first clause in the organic 
law of the State. One fact stands out on the very threshold of 
such an investigation ; and that is, that history does not go back 
to a time when slavery was not sustained by civil society and 
enforced by law. No matter what may have been the form of 
Its government or the character of its religious faith,— Pagan, 
J<'Wish, Hindoo, Moslem, or Christian, — every state, kingdom, and 

13 



194 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

empire of which we have any account, has at some time cher- 
ished slavery as a social element. Nay, more : it has, in all these, 
been the basis on which rights and obligations have rested, which 
were in utter antagonism with that simple but sublime concep- 
tion of revelation which regards mankind as brothers, the children 
of a common parent, and endowed with a common heritage of 
life and immortality. 

An investigation, such as is here contemplated, might help to 
disabuse the Commonwealth of the reproach that many have 
been ready to cast upon her, by holding up to view, in the light 
of the present age, the events which characterized her history 
two centuries ago. Facts may often be so colored and arranged 
as to leave as false an impression upon the mind as if the 
picture had been false in all its parts. The existence of slavery 
in Massachusetts is, in itself, an historical problem which the 
association with which we are connected owes to itself to 
attempt to solve by applying the test of fair criticism and 
investigation. It is for such an effort, that an appeal is now 
made to your indulgence. 

Let it not be supposed, however, that, to do this, we are to 
assume that slavery ever was a wise, a Christian, or a humane 
institution. Nor have we any occasion to arrogate perfection 
for the Fathers of Massachusetts. They were men, and, as 
such, had their weaknesses and their errors, as they had their 
virtues and their merits. They walked in the light of such 
moral and social science as they had, and it would be as obvi- 
ously unjust to try them by the test of modern experience, as it 
would have been to condemn the philosophy of the days of 
Pericles, because it did not come up to the standard of the Ser- 
mon on the Mount. 

A large proportion of the early colonists had come from the 
sturdy, strong-minded, middling classes of England. "They had 
been trained in the school of Puritanism and the sharp contests 
of religious persecution, to think for themselves, and to judge of 
men rather by the intrinsic qualities which they exhibited than 
by the accident of birth. A man with them was a living soul, 
rather than a thing to wear the decorations of royal favor. They 
had o-rown up in those habits of thought which were then rife, 
which regarded the precepts of the Bible above the dogmas of 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 195 

political belief. And the laws of Moses had for them a higher 
sanction than any code of mere human legislation. Another 
circumstance comiected with the period in which they lived 
ought to be constantly kept in mind, when undertaking to 
judge of them as the founders of a colony ; and that is, the con- 
dition of the law of nations as it was then understood compared 
with the science as it is now practised and interpreted. It was 
still in its infancy. Customs, both in the prosecution of war 
and the treatment by one nation of the citizens of another, 
though utterly discarded in our day by every civilized state, were 
not only tolerated, but were recognized as a part of the code of 
Christian morality in the intercourse of nations. Grotius, who, 
more than any other writer, may be regarded as the founder of 
that system of international law which is now in force, and 
which changed the whole policy of civilized war, had |)ublished 
his great work on War and Peace, in Latin, only five years 
before the settlement of Boston. And the peace of Westphalia, 
which is regarded by many as the event from which the modern 
science of international law should date, was concluded eighteen 
years after the planting of the colony.^ 

Not only was Slavery then prevailing in England, and the 
trade in slaves held to be an established branch of commerce, 
but this had been true of every nation of whose affairs we have 
any certain knowledge. The Jews had their slaves, the Greeks 
theirs, and the same was true of the Romans and the Germans. 

If we attempt to trace this custom, which had become so 
universal, to its origin or source, we find the most prolific of all 
to have been the incessant wars in which the nations of the old 
world were engaged. By the notion that long prevailed, pris- 
oners taken captive in such wars were at the mercy of their 
captors, either to take their lives or sell them into bondage. 
And when this right of election on the part of captors was 
taken away, and the selling of captives into slavery superseded 
the right of taking their lives, it was regarded as a decided 
advance in the science of international law. The result was, 
that in some of the ancient states the slaves multiplied to an 
almost incredible extent. In Rome, in the time of the empire, 
single individuals, we are told, held from ten to twenty thousand 

I Wheat. 65, 69 



196 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

of these at a time. We are told, too, that the custom of ran- 
soming prisoners of war did not originate till after the thirteenth 
century. And the present custom of exchanging prisoners was 
not known until after the sixteenth century.^ Not only were 
prisoners of war thus early sold into bondage as slaves, but the 
right to do this was recognized as still existing by Grotius, 
Putfendorf, and Bynkershoek, the accredited oracles of the law 
of nations, long after Massachusetts was settled.^ 

And the circumstance which will hereafter be referred to again, 
may be mentioned in this connection, of the disposition by the 
English of their Scotch prisoners taken at the battle of Dun- 
bar, a portion of whom were sent to the Massachusetts colony 
for sale, and sold as late as 1650. The language of C. J. 
Marshall, upon this subject, is this, — 

'■ From the earliest times war has existed, and ^ar confers rights in 
which all have acquiesced. Among the most enlightened nations of anti- 
quity, one of these was that the victor might enslave the vanquished. 
This, which was the usage of all, could not be pronounced repugnant to 
the law of nations, wliich is certainly to be tried by the test of general 
usage." (10 Wheat. R. 120.) 

And as another illustration of the lax state of international 
law, we are told that, as late as the time of Cardinal Richelieu, 
one nation might arrest and imprison the citizens of another 
who should come into a country without a safe conduct from its 
government. And Richelieu died thirteen years after the settle- 
ment of the Massachusetts colony. In this connection, too, it 
should be borne in mind, that the enslaving of negroes in Africa 
was itself based upon the right of making slaves of captives 
taken in war.^ And we have the authority of C. J. Marshall, in 
1825, that — 

" Throughout the whole extent of that immense continent, so far as we 
know its history, it is still the law of nations that prisoners are slaves." 
(10 Wheat. R. 121.) 

Though this was much the most prolific source of slavery, 
there were others recognized by the laws of different nations as 
well as by Grotius and PufFendorf; and one of these in use 
among the Jews was the selling of himself by one to another as 

1 1 Kent, 15. ^ 20 How. St. Tr. 28. ' Tayl. Civ. L. 414. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 197 

a slave.^ Another ground upon which men were reduced to 
slavery was by the way of punishment for crimes. This pre- 
vailed also among the Jews, especially in case of theft. If the 
thief was unable to make recompense to the injured party, he 
might be sold.^ 

One of the incidents of slavery which ought to be kept in 
mind was, that the child of a slave was itself a slave. By the 
Roman civil law the status of the child as to being free or other- 
wise followed that of its mother. K she was a slave, her child 
was one also. 

By the law of slavery, when a person became a slave in either 
of these modes, he became changed into a thing of property, to 
be used or sold at the beck of a master. Among the Romans, 
he might be cut up to feed the fish in his master's ponds ; and 
even in the so-called Christian States, the law lent but the feeblest 
protection to a class so theoretically brutalized and debased. 

But here, again, there grew up, in process of time, a distinc- 
tion in favor of Christians, which ought not to be overlooked, 
when treating of this subject historically. 

The notion began to be entertained at a pretty early period, 
that it was hardly becoming for one Christian to make another 
of his own faith a slave, merely because he had taken him cap- 
tive in war; and it came in time to be a grave question in the 
English Courts, whether one could be held as a slave after he 
had been baptized: but for pagans and infidels no such scruple 
was entertained ; and one of the salvos to the public conscience 
for engaging in the African slave trade was, that it was a means 
of converting infidels to Christianity. It is surprising, at this 
day, to know with what gravity such nonsense was listened to 
in the English courts. In 1677, nearly fifty years after our 
ancestors came to Massachusetts, the Court of King's Bench 
solemnly adjudged, " that negroes being usually bought and sold 
among merchants as merchandise, and being Injidels,^' there 
might be a property in them.^ And seventeen years later, in 
1694, the same Court held that " trover will lie for a negro boy, 
/b>' they are heathen, and therefore a man may have property in 
them ; and the Court, without averment made, will take notice 

1 Jahn Antiq. 77, 2 How. St. T. 28 n. 2 Jahn Sup., 20 How. St. T. 30. 

a Lev. R. 201. 



198 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

that they are heathen." ' In other words, the law would pre- 
sume a black man to be a heathen, until he could show to the 
contrary. 

Negro slavery, moreover, which had been introduced by Spain 
into her colonies in 1508, became domesticated in England in 1553, 
when twenty-four slaves were imported directly from Africa. 
And in 1562 the slave-trade was inaugurated by Sir John Haw- 
kins, who, for the atrocities which he committed in its prosecu- 
tion, was knighted by Queen Elizabeth ; and it became from that 
day a regular and recognized branch of English Commerce. 

Such, in brief, was the state of public law, and such the con- 
dition of public sentiment among the Christian nations of Europe 
upon the subject of slavery and the slave-trade, when Winthrop 
and his colony set sail for America, bringing with them the royal 
charter, under which a settlement had already been begun at 
Salem. 

Whatever may have been the individual motives of the colo- 
nists in planting themselves on these shores, their corporate 
powers were limited by the terms of their charter, which were 
ratlier those of a trading company than the organic law of a 
State. They might make such rules and regulations as would be 
necessary to carry on the business of the corporation, and main- 
tain order and good government in the colony- But they were, 
in no measure, absolved from their allegiance as citizens, to the 
crown, or from the obligations they were under, as subjects, to 
the government at home ; and the charter itself forbade them 
to make any laws or ordinances " contrary or repugnant to the 
laws and statutes " of the realm of England. And we are told 
by Judge Story that " the commercial intercourse of the colonies 
was regulated by the general laws of the British empire, and 
could not be restrained or obstructed by colonial legislation."^ 
In nothing was the policy which this provision was meant to 
guard more persistently adhered to by the home government, 
than in that which had been inaugurated in 1562 in respect to 
the trade in slaves, and was subsequently continued for more 
than an hundred years after New England was colonized. It 
was regarded as an object of the first importance to the English 
government to acquire and maintain a command of this trade; 
1 1 Raym. R. 147. - 1 Const. § 178. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 199 

and to that end, not only were the English colonies rigidly kept 
open as a market for this commerce, but efforts were made and 
treaties entered into, with a view of obtaining a monopoly of the 
traffic. Thus in 1713, by means of the " Assiento Treaty," so 
called, England obtained the exclusive right of supplying the 
Spanish islands and provinces in America with four thou- 
sand eight hundred negroes annually, for the term of thirty- 
years.^ 

And that such was the purpose of the English government in 
respect to its American colonies, is illustrated in history, as well 
as conceded by the language of the highest judicial tribunals of 
that country.- 

It was under circumstances like these, that the colony of Mas- 
sachusetts Bay was planted and began its administration. At 
first, its affairs were carried on as a pure Democracy ; and, after 
a few years, through delegates chosen for that purpose by the 
freemen in their several towns. In either form, therefore, what- 
ever laws they did make are to be regarded as a reflex of the 
average sentiment and opinion of the freemen of the colony. 
So far as negro slavery was concerned, their power to act at all 
was exceedingly circumscribed. They could prohibit neither the 
importation nor the sale of slaves without clashing at once with 
the interests and wishes of government at home. Nothing 
seems to have been left open to them in respect to it, but simply 
to deal with all such as, by residence, were subject to their laws, 
independent of a prior jurisdiction, and to regulate the status 
of the children of slaves born in the colonies. This might be done 
without interfering, in terms, with what had once been the sub- 
ject of sale or traffic, under the English laws of importation and 
tra^e. And, if denying to the owner of the parent the right to 
hold the child as a slave, was violating the spirit of the law 
under which the parent himself was held, it would go to show 
that the colonists were ready to break away from every thing 
but the leitey- of the law in favor of freedom. Laying aside then, 
for the present, so much as relates to the slavery of the African 
race, it might still exist in respect to such captives as were 
taken in war, such persons as sold themselves, and such as 
were reduced to slavery as a punishment for crime. It will be 

1 Wheat. 56. 2 2 Hagg. Rep. 106. 



T 



200 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

necessary therefore to consider how far the laws of the colony 
authorized or tolerated either of these modes. 

Unfortunately, for a full and precise understanding of the 
subject in all its possible bearings, it is difficult, if not impossible, 
to trace the course of legislation in the colony during the first 
ten years of its history. Many of its laws during this period 
are still preserved ; but none of them were printed until 1648. 
If all had been preserved, it is believed, that, like some of those 
extant, they would be found to correspond, in many respects, 
with the provisions of the Levitical Code. This, however, 
we do know historically, that the freemen of the colony, as 
early as 1635, began to be restive, under the idea that the 
magistrates were clothed with too much discretionary power; 
and that a body of laws ought to be established by which the 
rights and duties of the citizen should be ascertained, and 
remedies provided for both public and private wrongs. The 
General Court, though somewhat reluctantly, came at last into 
the measure so far as to raise a committee to prepare a draft 
of such laws as should be agreeable to the word of God, and be 
the fundamentals of a Commonwealth. 

Every thing, however, was done with great deliberation ; and 
one reason for this, as we are told, was, that they might not pass 
any law which should transcend the power given them by the 
charter, by being repugnant to those of the mother country.^ 
It was, besides, deemed desirable that the proposed body of 
laws should embrace, as far as possible, the prevailing sentiments 
and opinions of the freemen of the colony. And, to that end, 
an order was passed in 1638, calling upon them to come together 
in their respective towns, and prepare a statement of the heads 
of such laws as they desired. After this had been done, the 
whole were placed in the hands of the Rev. Mr. Ward of 
Ipswich, who, from having been bred a lawyer in England, it 
was supposed would be competent from these to put into form 
a body of laws to be reported to the General Court. The result 
was, that a collection of elementary rules declaratory of the 
duties, privileges, and restrictions which the people of the colony 
were to observe, was adopted in 1641, and took the name of 
the " Body of Liberties." ^ In some respects it answered to the 
1 Palf. Hist., vol. i. p. 443. 2 ib. vol. ii. pp. 23-27. 



SLAVERY AS IT ONCE PEEV AILED IN MASSACHUSETTS. 201 

English Magna' Charta, but more nearly to the Declaration of 
Rights in our Constitution. 

The object in having been thus minute in this detail was, to 
reach, if possible, the true state of public feeling in the colony, 
upon the subject of maintaining slavery, as it existed at the time 
of tiie adoption of this code. And it may be added, that, after 
all this precaution, provision was made in the code itself, that 
it should be read and revised at the three next annual sessions 
of tiie General Court.^ It may, tiierefore, be assumed, that 
whatever found a place in the Body of Liberties, was in accord- 
ance with the judgment and wishes of the freemen of the 
colony. 

Slavery was one of these topics; and the manner in which it 
was regarded is best judged of by the language of the code 
itself. This Body of Liberties consisted of ninety-eight articles, 
although generally spoken of as containing a hundred. In it 
there is no allusion (o color, nor to any distinction of race, or creed, 
in the matter of rights or privileges. Unlike the English notion, 
the Christian and the Heathen, in this respect, stood upon the 
same level in the eye of the law. Among its criminal pro- 
visions, "man-stealing" was made a capital offence, resting for 
its authority, upon the 16th verse of the 21st chapter of Exodus. 
But it is the ninety-first article which bears more immediately 
upon the question under consideration. It is there declared 
that — 

" There shall never be a7iij Bond Slavery, Villinage, or Captivity 
amongst us, vnless it be lawful Captives taken in just AVars, and such 
strangers as willingly sell themselves, or are sold to us. And these shall 
have all the liberties and Christian usages which the law of God, 
established in Israel concerning such persons, doth mor.ally require. This 
exempts none from servitude, who shall be judged thereto by authority." 
(Mass. Hist. Col., vol. xxviii. p. 231.) , 

It contemplates, it will be perceived, slavery as an institution 
already existing. Its purpose is not to introduce something 
new; but, obviously, to limit and restrict it as it exists, to three 
classes of persons, and declares that, beyond these, " there shall 
never be any Bond Slavery, Villinage, or Captivity " in the colony. 

1 Palf. Hist., vol. ii. p. 25. 



202 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

And, what is most significant in the matter, the children of 
slaves born in the colony are thereby excluded from the classes 
that might be subjected to bond slavery. Around every human 
being in the colony, without regard to race or creed, not em- 
braced in one of these classes, it throws the protection of the 
law, and declares the sanction of the death penalty for its 
violation. 

The framers of such a law must have had some motive for 
such a declaration ; and it is something more than a mere idle 
inquiry, to ascertain, if we can, what that motive was. A recent 
writer upon this subject has told the world, that this article in 
the Body of Liberties " sanctions the slave trade, and the per- 
petual bondage of Indians and negroes, their children and their 
children's children." i Whether this position is sought to be 
sustained by a fair review of the general facts of history, or 
by the writer's own construction of such as he has seen fit to 
select, can be better judged of, by a brief recurrence to the 
actual condition of the world, at the time of which he is speak- 
ing. Slavery, as we have seen, prevailed not only in England, 
but throughout Christendom ; and, what is more, slavery existed, 
at that very moment, in the colony itself, by a previous importa- 
tion of slaves under the sanction of the English government. 
Lord Stowell, the learned and illustrious Chief Justice of the 
English Court of Admiralty, tells us in an opinion given by him 
upon the subject, that — 

" Slavery was a very favored introduction into the colonies : it was 
deemed a great source of the mercantile interest of the country, and was, 
on tliat account, largely considered by the mother country as a great source 
of its wealth and strength. Treaties were made on that account, and the 
colonies compelled to submit to those treaties by the authority of this 
country." 

With slavery, then, existing among them, under the sanction 
of a law which they could not repeal or gainsay, if it was in 
coincidence with the wishes of the colonists, what occasion was 
there for them to act upon the matter at all ? And if it was their 
desire to perpetuate it as an institution in the colony, why limit 
and restrict it so that it must, from the nature of things, be certain 

1 Moore, Hist, of Slavery in Mass., p. 18. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 203 

to die out in a few years, unless kept alive by new importa- 
tions? 

These are questions which one might suppose would natu- 
rally occur to tiie mind of any one undertaking to fasten upon 
this colony the imputation of sanctioning " perpetual bondage." 
But the evidence does not stop here. If the colonists were actu- 
ated by the feelings and motives which were entertained by 
slaveholders generally, they would have manifested this by the 
slave code under which they were to regulate and perpetuate it ; 
and a comparison of their legislation upon the subject, such as 
it was, with that of one or two of the other colonies may help 
us to form a judgment upon the matter. In 1664, a body of laws 
" collected," as the record shows, " out of the several laws now 
in force in his Majesty's American Colonies and Plantations," 
and, of course, including the Massachusetts colony, was adopted 
for the Duke of York's province, afterwards a part of New 
York. Under the head of " Bond Slavery," in that body of 
laws, there is a provision that " no Christian shall be kept in 
Bond Slavery, Villinage, or Captivity," except as therein stated, 
excluding from this exemption agreeably to the prevailing notion 
of some of the English courts, to which reference has already 
been made, all such as were infidels or heathen.^ A law of Vir- 
ginia of 1669 provides that — 

" If a slave resist his master or others, by his master's orders, correct- 
ing him, and by the extremity of the correction should chance to die, such 
death should not be counted a felony ; but the master or other person ap- 
pointed by his master to punish him, be acquit from molestation, since it 
could not be presumed that prepensive mahce, which alone maizes murder 
a felony, should induce any man to destroy his own estate." (1 Tuck. 
Black, pt. 2, 45.) 

What a contrast is here presented between a law exempting a 
master, or any one employed by him, from punishment for whip- 
ping his slave to death, and that of this Body of Liberties which 
secures to the most friendless heathen that had ever endured the 
horrors of the " middle passage," " the liberties and Christian 
usages which the law of God, established in Israel" concerning 
those under bond slavery, morally required. And he might by 

1 N. Y. Hist. Col., vol. i. p. 322. 



204 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

way of safeguard, even demand sureties of the peace against a 
violent and barbarous master.^ With how much candor, then, 
can a writer not only charge the Body of Liberties with sanc- 
tioning the slave-trade and the perpetual bondage of Indians 
and negroes, their children and their children's children, but as 
entitling, in his words, " Massachusetts to precedence over any 
and all other colonies, in similar legislation."^ 

The subject of this Body of Liberties does not end here. It 
was not originally printed, and only nineteen copies were dis- 
tril)uted, in manuscript, among the towns. An early transcript 
of one of these copies was discovered by the late Hon. Francis 
C. Gray, about forty years since, and was published by the Mas- 
sachusetts Historical Society in 1843. The first printed edition of 
the colony laws was published in 1648. But no copy of that is 
known to be now extant. Another edition was printed in 1660, of 
which a few copies remain. In that edition, the ninety-first article 
of the original body stands by itself as a distinct law. The lat- 
ter, however, omits, the words "such strangers" which are found 
in the original. Instead, therefore, of reading, that there shall be 
no bond slavery, unless it be lawful captives, &c., and such stran- 
gers as willingly sell themselves, it reads, " lawful captives taken 
in just war, as willingly sell themselves," &c., obviously showing 
that some words had been accidentally or intentionally omitted ; 
for there was an inconsistency in speaking of captives taken in 
war willingly selling themselves. It required no such sale to 
make such persons slaves. We, accordingly, find that prepara- 
tory to a new edition of the laws which was published in 1672, 
a committee of the General Court was raised to examine those 
already published, and report such errata therein as required to be 
corrected. Among the errata reported by them, and passed upon 
by the General Court, was the mistake in the sentence above 
quoted. They supplied the omission by the words, " such as 
shall," which makes the clause read thus, "lawful captives taken 
in just wars, such as shall willingly sell themselves, or are sold to 
us," not limiting it to strangers who sell themselves, or are sold 
to us. But the change, even if it had any meaning or effisct, left 
the matter of the children of slaves just where it was before, 

1 4 Mass. Kep. 127. '' Moore Hist., p. 18. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 205 

within tlic category of those of whom there should never be any 
honJ slavery. 

And that such is tlie true construction of the clauses referred 
to, has been settled by the repeated adjudications of the highest 
courts of Massachusetts, who have, again and again, held that 
no child born here since 1641, was ever, by law, a slave. Single 
judges may have dropped language, at times, that might be 
capable of another construction; but that of the courts, when 
speaking authoritatively upon the point, has all been one way, 
tliat freedom was the child's birthright.^ 

Starting with this early action of the freemen of the colony in 
their towns and by their representatives, we are next to trace 
the dealings of the people upon the subject of slavery, to see 
how, at any time, Massachusetts became implicated in its main- 
tenance, and how far they had a right to claim the commenda- 
tion of Edmund Burke of having refused to " deal any more 
in the inhuman traffick of the negro slave," the doing of which 
he pronounced to be " one of the causes of her quarrel with 
Great Britain." 2 

But before taking up this in detail, it may be well to inquire 
how far bond slavery, arising from either of the other sources, 
existed, at any time, in Massachusetts. No instance has been 
discovered of a sale by one man of himself to another, although 
the power of doing this was recognized in the Body of Liberties. 
But of sales by the way of punishment for crime, under a sentence 
of a court, there are several instances recorded. Thus we have 
one in Sandwich, in 1678, where three Indians were thus sold for 
having broken into a house and stolen. Being unable to make 
recompense to tlie owner, the Court authorized him to sell thcm.^ 
That a measure like this would seem harsh in our day, is not to 
be denied. But to judge of it in its true light, we should |)lacb 
ourselves in the condition in which our Fathers stood, and see 
how far circumstances justified the measure. In the first place, 
they were justified in this policy by the respect they had for the 
Mosaic law, from which it was borrowed. In the next place, 
the idea of compelling the thief to make compensation to the 

1 4 Mass. 128 n.; 16 Mass. 75; 13 Mass. 552; 10 Cush. 410; Quincy Eep. 29, 
Gray's note. 

2 Wlieat. 590; Burke's Works, vol. ii. p. 44. ' Thach. Plym. 139. 



206 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

injured party by his own labor is an obvious dictate of remu- 
nerative justice. Tiie Hon. Mr. Lushington, of the British 
Parliament, in his examination before a committee of that body 
upon the subject of criminal law, in 183.5, in answer to an inquiry 
involving the justice and expediency of obliging the guilty party 
to make restitution to the person injured, by his labor, said : 
" My own opinion is this, that, in every case where the offender 
is capable of indemnifying the person robbed for the loss he has 
sustained, he ought to be compelled so to do." ^ And a still more 
important consideration is, that the science of prison discipline 
and reform was, at that time, literally unknown. Hanging, 
drawing and quartering; whipping, maiming, and mutilating the 
person; or shutting up offenders in dungeons, in idleness, in cold, 
darkness, and pestilential filth, — were some of the punishments 
by which the public at that day sought to be avenged upon those 
who violated the law; so that, even upon the score of humanity as 
well as justice, the sale of a convict's services must have had much 
to commend itself to the judgment of a community situated as 
were the colonists of New England. But it ought to be added, 
that the instances in which this mode of punishment was 
adopted, appear to have been few, and under peculiar circum- 
stances. 

Of captives taken in war and sold into slavery by the colony, 
the number appears to have been larger, though it is not easy i 
to ascertain in how many instances it was done. As a measure ' 
of policy, it was adopted in the case of such as were taken in 
the early Indian wars, and was justified, so far as such an act of 
severity could be justified, by the dread and alarm in which the 
colonists were held, while contending with a foe who recognized 
none of the laws of civilized warfare. It was chiefly confined 
to the remnants of the Pequod tribe, and to such as were taken 
in the war with King Philip, which, at one time, seemed to 
threaten extermination to the white race. As they could be 
bound by no treaty, the only measure of safety for the colonists 
was to hang or shoot their prisoners, shut them up and maintain 
them in jails or prisons, or put them in a situation not to again I 
engage in burning the towns and murdering the inhabitants of 
the colony. And this could be done effectually by selling them 
1 2d Rep. of Com. 53. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 207 

into bondage. The first was obviously too barbarous to be 
justified. The colonists were too few and too feeble to make 
the second possible. And the last alternative was resorted to 
as then- only means of protection and intimidation. And this 
at least, may be said in palliation, if not in approbation, of this 
policy, — It does not seem to have been dictated by considerations 
of gam or by mercenary motives ; but rather as a measure of self- 
defence, justified, as we have seen, by the usages of Christian 
nations, and authorized by the best writers upon international 
law which were then accessible to the colonists, whose works 
they might have read in the light of their blazing dwellings. 

The war with the Pequods was terminated in 1G37. Nor 
was there any occasion to resort to this severe alternative a-ain 
for the space of forty years, when the struggle with Philip began • 
and, even then, there were many in the colony who deprecated 
the principle upon which it rested. The Plymouth colonv 
immediately after Philip's war, forbade any one to buy the c/nV- 
dren " of those our captive salvages that were taken and be- 
came our lawful prisoners in our late wars with the Indians, 
without special leave of the government"! And a law of 
Massachusetts, as early as 1712, prohibited the importation of 
Indian servants into the colony.^ There never was in fact a 
time when there were not earnest advocates and devout laborers 
in the colony for the conversion of these sons of the forest to the 
faith and habits of Christian civilization. Slavery was never 
their normal condition, and never reached beyond the individual 
who was personally subject to it. 

If now we recur to negro slavery, it does not appear when it 
was first introduced into the colony. One thing is certain, that 
It did not come in with Winthrop's Company. When Josslyn 
was here in 1638, he found Mr. Maverick the owner of three 
negro slaves. He probably acquired them from a ship which 
brought some slaves from the West Indies in that year. And 
this IS the first importation of which we have any account. But 
Maverick was not properly a member of Winthrop's Company 
He came here before they left England, and had his establish- 
ment, and lived by himself, upon Noddle's Island. Nor was he 
in sympathy with them in church government or religious senti- 
' Plym. Laws, p. 187. 2 i Holmes's Annals, p. 509. 



208 SLATEUY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

ment. Governor Winthrop gives an account of the admission 
to the church, in 1641, of " a negro maid, servant to Mr. Stough- 
ton, of Dorchester." ^ 

The arrival of a Massachusetts ship with two negroes on 
board, whom the master had brought from Africa for sale, in 
1645, four years after the adoption of the Body of Liberties, fur- 
nished an opportunity to test the sincerity of its framers, in 
seeking to limit and restrict slavery in the colony. And it 
derives an additional importance from the circumstance, gene- 
rally overlooked, that it happened at a time when the colonists 
were more nearly at liberty to act out their own wishes in this 
respect than they had ever been before, or were at any time 
afterwards, by reason of the civil war in England, which had 
then begun, and the King's being in no condition to look after 
the conduct of his foreign subjects. Being, for the moment, in 
no fear of the home government, they must have acted as their 
own sense of right and sound policy dictated. Upon information 
that these negroes had been forcibly seized and abducted from 
the coast of Africa by the captain of the vessel, the magistrates 
interposed to prevent their being sold. But though the crime 
of man-stealing had been committed, they found they had no 
cognizance of it, because it had been done in a foreign juris- 
diction- They, however, went as far towards reaching the 
wrong done as they could ; and not only compelled the ship- 
master to give up the men, but sent them back to Africa, at 
the charge of the colony, with " a letter," as it is said, " of 
the indignation of the Court thereabouts and justice thereof" ^ 
And they made this, moreover, an occasion, by an act of legis- 
lation of the General Court, in 1646, " to bear witness," in the 
language of the act, " against the heinous and crying sin of man- 
slealing, as also to prescribe such timely redress for what is past, 
and such a law for the future, as may sufficiently deter all 
others belonging to us to have to do in such vile and most 
odious courses, justly abhorred of all good and just men " ^ 
— an act of legislation to say the least, singularly at variance 
with the assumption, so confidently put forth, that the framers 
of the Body of Liberties (passed only four years previous to 

1 Life and Letters, rol. ii. p. 263. 2 Wint. Jour., vol. i. p. 215, Col L. 63. 

3 Col. 7, 53. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 209 

this) intended thereby to sanction " the slave-trade and the per- 
petual bondage of Indians and negroes." 

In a few years, however, King Charles was again restored to 
his throne, and the legislation of the colony went on under its 
original restrictions and limitations. 

In 1703, an act was passed which has subjected the General 
Court to some severe criticism, though evidently because the 
reasons and purposes of it were misunderstood by such as 
sought to cast censure upon their conduct. The substance of 
this act was, that no one should emancipate his slave, without 
giving bond to hold the town iiarmless from the expense of his 
support. And it has been assumed, that this was from a wish 
to check the facility of emancipating slaves. So far, however, 
is this from being true, that, while the act recognizes emancipa- 
tion as being properly in use for freeing slaves, it simply attempts 
to prevent the gross injustice and inhumanity of a master hold- 
ing his slave in bondage as long as his labor was profitable, and 
then turning him over, as a pauper, to be supported at the 
public charge. And the act itself holds such master or mistress 
chargeable for the slave's support.^ 

To show that no change in this respect had taken place in the 
policy of the government, we find that the General Court, in 
1705, imposed a duty of ^4 upon every slave imported into the 
province. And this law was renewed in 1728.^ In 1767, a bill 
to restrain the importing of slaves passed the popular branch 
of the General Court, but failed in the Council. Nor would it 
have availed, if it had passed both branches, because it would 
have been vetoed by the Governor, acting under instructions 
from the Crown. This was shown in 1774, when such a bill 
did pass both branches of the General Court, and was thus 
vetoed.^ These successive acts of legislation were a constantly 
recurring illustration of the truth of the remark of a modern 
writer of standard authority upon the subject, that — 

" Though the condition of slavery in the colonies may not have been 
created by the imperial legislature, yet it may be said with truth, that the 



1 See 4 Mass. Rep. 130; Col. Law, 745. 2 Felt's Sal., p. 340; Statis., p. 203. 
3 CofBn's Newbury, p. 339 ; Felt's Statis., p. 205 ; Wheat. 588. See also Declara- 
tion of Independence. 

14 



210 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

colonies were compelled to receive African slaves by the home govern- 
ment." (1 Hurd, &c., 208 n.) 

We have reached, in this review of the legislation of Mas- 
sachusetts, the point at which the pressure of the royal power was 
taken from the action of the people, and the popular will began to 
have free play upon this, as well as other topics of public interest. 
The power of the Crown here ceased, for all practical purposes, 
in October, 1774. Nor was there any organized government in 
the Province, until the July following, except such as was fur- 
nished by what was called the Provincial Congress, composed of 
a convention of delegates from the several towns coming together 
for mutual consultation and advice. Committees of Correspond- 
ence, chosen in the towns and counties of the Province, shared 
with this Congress in giving a direction to public affairs. The 
subject of negro slavery was early agitated by these bodies, 
though they had no authority to act upon it. What they did, 
however, is an indication not to be mistaken, of what the 
feeling in the community upon that subject was. The slaves 
of Bristol and Worcester Counties addressed a memorial to a 
convention of these committees in Worcester in June, 1775. 
The response was in these words, — 

" We abhor the enslaving of any of the human race, and particularly 
the negroes of this country ; and whenever tliere shall be a door opened, 
or an opportunity present, for any thing to be done towards the emancipa- 
tion of the negroes, we will use our influence and endeavor that such a 
thing may be brought about." (Lincoln, Hist. Wor. 110.) 

The action of the government, when reorganized under the 
advice of the Continental Congress, was shown in September, 
1776, in respect to several negroes, who had been taken in an 
English prize-ship, and brought into Salem to be sold. The 
General Court, having learned these facts, put a stop to the sale 
at once. And this was accompanied by a resolution on the part 
of the House, — 

" That the selling and enslaving the human species is a direct violation 
of the natural rights alike vested in them by their Creator, and utterly 
inconsistent with the avowed principles on which this and the other States 
have carried on their struggle for liberty." 

The result was, that the rights of prisoners of war were ex- 
tended to such negroes as might thereafter be taken from the 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 211 

enemy during the war. In other words, the negro, though a 
slav(! to an English master, attained the attributes of a man 
when in a situation to be dealt with by the Commonwealth, 
though the law did not yet disturb the rights of private property 
in slaves, on the part of the citizen. 

We have thus far had to do chiefly with the acts of legislation 
in the Colony and Province, in undertaking to trace the course of 
public sentiment, as well as the condition of slavery, up to the 
time of the Revolution. But there are other sources of evidence 
than legislation upon those subjects, which ought not to be 
ovcrlooUed, when undertaking to reach the truth, as it stands in 
history. Unfortunately, those sources are, at the best, meagre; 
and tlie facts derived from them are only fragmentary. It is to 
be remembered, that the Colony, while it remained such, never 
had a newspaper ; and printing presses were almost unknown. 
Nor was there any newspaper in the Province until the beginning 
of the last century. The laws even were not printed till 1648; 
and not again till 1660. There are two or three sources from 
which may be drawn conclusions that will serve to indicate 
how slavery was regarded during the periods of the colonial 
and provincial history. One of these is the number of slaves 
who were held here, at any one time, as it tends to show whether 
the people were eager, or otherwise, to possess them ; for, 
if they had wished for them, the English merchants were ever 
ready to supply such a desirable demand ; it was a branch of 
English commerce. Another is the manner in which they were 
treated by their owners, as serving to show whether the motive 
in holding them was wholly a selfish one, for the sake of 
the labor which might be wrung out of them by harsh and 
cruel treatment ; and, lastly, the expression Avhich remains of 
individual and associate opinion, as it is contained in letters, 
pamphlets, and the records of religious and other associations. 
Nor should we forget, that, in the discussions to which the 
question of slavery gave rise, there were those in the Province 
who doubted the expediency of immediate emancipation ; and 
that some went so far as to insist that the trade itself had better 
be regulated, than wholly suppressed. And this statement is 
due to fairness in undertaking to give the true measure of public 
sentiment upon the subject. 



212 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

In respect to the number of slaves living here at any one time, 
no census seems to have been taken of them prior to 1754. 
And it is proper, in this connection, to meet a suggestion which 
has been industriously propagated by individuals, that the early 
settlers of Massachusetts engaged in, and prosecuted the slave- 
trade as a regular business. The writer already quoted, in the 
worlv referred to, indulges in this statement: " At the very birth 
of the foreign commerce of New England, the African slave- 
trade became a regular business." ^ The facts upon which a 
precisely opposite conclusion, so far as it relates to Massachusetts, 
has been arrived at by others, will enable one to judge whether 
such a sweeping charge is well founded. Mr. Felt says, that the 
first vessel that brought slaves to Massachusetts, in 1638, was 
only of one hundred and twenty tons burthen, and was freighted 
with cotton and tobacco; so that the number of these slaves 
was, probably, small.'^ He also refers to a statement of 
Governor Bradstreet in 1680, who expressly declares that there 
had not been a company of blacks or slaves brought into the 
country since the beginning of the plantation, except one small 
vessel about two years before the time of making this state- 
ment, which brought between forty and fifty negroes, mostly 
women and children. And it is also stated by Governor Brad- 
street, that these were sold here "for 10, 15, and £20 apiece," 
although they stood the merchant "in near £40 apiece," ^ which 
must certainly have offered rather a poor encouragement to 
prosecute such a commerce, as "a regular business." And 
Governor Bradstreet adds, that, " now and then, two or three 
negroes were brought hither froin Barbadoes, and other of his 
majesty's plantations, and sold here for about £20 apiece;" 
and he concludes, " that there may be within our government 
about one hundred, or one hundred and twenty."* Not a very 
extensive commerce certainly, after having been prosecuted for 
fifty years, as " a regular business" ! But the evidence does not 
stop here. The Secretary of the Historical Society has a 
printed letter, bearing date November, 1690, addressed to a 
member of the then House of Commons, the title of which is, 
" That the trade to Africa is only manageable by an Incorporated 

1 Moore, p. 29. 2 Hist. Salem, p. 109. 

3 Felt's Statis., p. 586. * See Hist. Col., vol. xxTiii. p. 337. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 213 

Company and a joint stock ; demonstrated," &c. The letter 
goes on to show, that to carry on the trade requires ample funds 
and a well-regulated system, to make it profitable at all. One 
of its statements is in these words : — 

" And as it could not then escape your observation, no more than it 
can now your memory, tliat the trade of Africa was, about twenty years 
ago, not only so abated, but sunk to such a degree that it became a matter 
of State, challenging the utmost wisdom and care of his then ra.ajesty ; 
and of those of the profoundest prudence and of the largest mind, for the 
public good, who were, at the time, in the ministry, how to revive and 
restore it, so as to render it consistent with the honor of the govern- 
ment, useful to the American Plantations, and of ample advantage to the 
Nation." 

And it adds, — 

" Nor can any body of men, but an incorporated society acting by and 
upon a joint stock, gain and maintain such intelhgence as may, upon so 
vast and extended a coast, either give life unto or procure an advantage 
by trade." ' 

If now we recur to the colonial statistics, they seem to 
establish two facts in connection with the circumstances already 
mentioned : first, that there was no such demand or desire for 
slaves on the part of the coloni.sts, as to induce them to enter to 
any considerable extent, into the trade of supplying them ; and, 
second, that if, as there appears to have been, there was an 
increase of the traffic after the year 1700, it was probably in 
consequence of the increased encouragement given to the trade, 
by the governmental koine, as recommended by the letter referred 
to, rather than of any action of the colonists, or any increased favor 
on their part, for the institution of slavery. We ought not to 
forget another fact in connection with the number of slaves, as 
given by Governor Bradstreet; that while, of the latter, there 
were only one hundred or one hundred and twenty, as late as 
1680, the number of Scots, who had been captured by the 
English, and sold into the colony in 1651, was about two hundred 
and seventy-four, — all purchased in a single year, which showed, 

1 Confirmatory of this is the statement of Governor Dudley iril708. " The African 
Company of England had not had any factory or ship here. Some traders on their 
own account, a long time since, have been upon the Coast of Guinea, and imported 
slaves." (Felt's Statis., p. 586.) * 



214 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

in some measure, the estimate at which our ancestors held the 
trade in African slaves. 

In 1708, Governor Dudley estimates the whole number in the 
colony at five hundred and fifty ; two hundred having arrived 
between 1698 and 1707.1 j)j. Belknap thmks they were the 
most numerous here about 1745. And Mr. Felt, upon careful 
calculation, computes their number in 1754, at four thousand 
four hundred and eighty-nine. In 1763, the proportion of blacks, 
slave and free, to the whites in the province, as given by Dr. 
Belknap, was as one to forty-five.^ While, at the same time, in 
Virginia, where slavery was in favor, there were ten blacks to 
eight whites, or one hundred thousand blacks to eighty-five 
tliousand whites in that colony. 

Nor was this because the colonists of Massachusetts did not 
wish for laborers. Labor is one of the great necessities of every 
new settlement. And we know, from various sources, at what 
cost and trouble they were to procure it. One means of doing 
it, was by some sort of contract with those who sold their ser- 
vice to the company, probably to pay for the cost of their trans- 
portation into the colony. In the Life and Letters of Governor 
Winthrop,^ it is stated, that of the residents under Endicott, 
whom Governor Winthrop found here at his arrival, one hundred 
and eighty were bond servants of the planters who were to 
follow, all of whom were emancipated by him, on account of a 
scarcity of provisions in the colony, although they had cost them 
from 16 to ^20 each.^ 

And the reason why the colonists preferred white to black ser- 
vants was, not so much their profitableness, as that given by 
Governor Dudley, — they were " serviceable in war presently, and 
after, became planters," adding to the productive population and 
military strength of the colony ; and Governor Bradstreet tells 
us in 1680, that of the Scots who were sold here in 1651, most 
of them had married and were then living, with about half as 
many Irish brought here, at several times, as servants.*^ They 

1 Felt's Statis.,p. 586. 

•^ Felt's Statis., p. 211 ; Hist. Col., vol. iv. pp. 198-199. 3 Vol. ii. p. 29. 

* Felt's Salem, p. 42. This class of servants are descriljed by Raiuloliili in 1676, 
as being those " wlin serve for years for the charge of being transported thither by 
their masters" (Felt's Statis., 202.) 

s Felts, Statis., p. 586. • 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 215 

seem to have passed from servants to planters, and to have 
acquired homes and families of their own. 

If, now, we turn to the question of, how such slaves as they 
had were treated by their masters, the testimony seems to have 
been uniform throughout the colonial period. Dr. Belknap made 
a systematic business of ascertaining this point by an extended 
correspondence with many of the most intelligent men in the 
province. And among them were John Adams, Governor Sulli- 
van, Dr. Holyoke, and others of that class ; and the testimony he 
gives us is, that this treatment " was far from rigorous. No 
greater labor was exacted from them than of white people." 
" In the country, they lived as well as their masters, and often sat 
at the same table." ^ A large proportion of them were employed 
in domestic service in families in the larger towns. They could 
not have been worked in gangs, as was the case in the Southern 
States; for their number was so few, that, if equally divided 
among the families in the province, not more than one family in 
seven or eight could have had a single slave ; and some judg- 
ment can be formed upon this subject, from the fact which many 
still can remember, that when the entire slave population of the 
State was emancipated by the adoption of the Constitution in 
1780, many of them continued members of their masters' families, 
by preference, as long as they lived. The record has yet to be 
found of a slave woman ever being worked as a " field-hand " 
in Massachusetts. More than that, in many towns, and I know 
not but in all, the slave, if otherwise qualified, was admitted to 
the communion and fellowship of the church. For some years 
after 1652, negro servants were, moreover, enrolled in the mifitia. 
Nor is there any thing in the law, or, so far as history tells us, in 
usage, that excluded the children of slaves from the privileges 
of the free schools of Massachusetts. Marriages between slaves 
were celebrated by clergymen, and carried with tliem the legal 
incidents of such a relation.^ That many of the children of slaves 

1 See also 4 Mass. Rep. 128. 

^ Col. L. 746; Quincy Kep. 30, Gray's note. J. W. Thornton, Esq., has in his 
possession the original of a form used by the Rev. Mr. Phillips, of Andover, wlio 
was ordained in 1710, in the marriage of slaves, in which he is careful to remind 
thcni that they remain still, really and truly, as ever, their master's property. The 
form seems to have been a special one of his own, and merely sliows that, in 1756, 
when slavery was recognized in Massachusetts, there were minds constituted like 



216 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

were brought up as slaves, and, when the affairs of their mas- 
ters' families were settled, were inventoried as property, and dis- 
posed of as such, there is probably no reason to doubt. Nor is 
it difficult to imagine how such a state of things should more 
or less frequently have arisen. 

A remark of Judge Cooley, of Michigan, in his recent work on 
Constitutional Limitations, applies with much force to the sub- 
ject here referred to. 

" A power," says he, " is frequently yielded to, merely because it is 
claimed ; and it may be exercised for a long period, in violation of the con- 
stitutional prohibition, without the mischief which the Constitution was 
designed to guard against appearing, or without any one being sufficiently 
interested in the subject to raise the question." (p. 71.) 

In the first place, nobody seems to have thought whether they 
were or were not slaves, until just before the Revolution. The 
number, at best, was too few to excite much attention. There 
was but here and there a lawyer to agitate the question, if 
it had been raised ; and it was, obviously, for the policy of 
the towns, as well as a measure of humanity to the child, to 
have him brought up in his master's family, instead of being 
separated from his parents, and supported or bound out as 
a pauper. Such children grew up, unquestioning and unques- 
tioned, as slaves dk facto, without being, in any sense, slaves de 
jure. It was not, however, ordinarily, for the value they were 
of to their masters ; for we are told by Dr. Belknap and his cor- 
respondents, that they were often given away in childhood. Nor 
does the fact that they were held as slaves, where the question 
as to their being such was never raised, militate with the position 
already stated, — that no child was ever born into lawful bondage 
in Massachusetts, from the year 1641 to the present hour. And 
when, at last, questions of this kind began to be raised, juries 
seem not to have been slow in vindicating the freedom of the 

some in 1856, when it had ceased to be lawful there, who regarded the rights of the 
master to his human chattel, as more to be respected than the inborn rights of the 
slave himself as a human being. Judge Sewall, in liis diary in 1700, speaks of a con- 
templated marriage between a negro servant-man of Jlr. Wait and a negro servant- 
maid of Mrs. Thair, and adds, "and Mrs. Thair gave up the note of publication to 
Mr. Wait, for him to carry it to William Griggs Esq., town clerk, and to Williams, 
in order to have them published according to law." 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 217 

slave. All they had wanted was an occasion to act. If we 
turn now to the third source of knowledge as to how slavery was 
retjarded in the colony and province, — what was written and pub- 
lished and done by individuals and associations in respect to it, 
— we find a pamphlet by Judge Sewall, afterwards Chief Justice 
of the Superior Court, published in 1700, aimed directly at the 
unchristian character of slavery and the abominations of the 
slave-trade ; ^ and, in 1716, he followed up this attack by a strenu- 
ous effort to change the form of valuing and taxing slaves, and 
to take them out of the list of chattels. In 1702, the people of 
Boston applied to their representatives in the General Court 
to have an end put to holding negroes as slaves. This may have 
been the moving cause of the act of 1705 already mentioned, 
which laid a duty upon all imported slaves ; and the historian of 
Boston tells us, that, prior to 1727, those who were engaged in 
the traffic in slaves, and had occasion to advertise their human 
wares, often concealed their names, as people do now, who 
choose to keep dark as to what they think and say, by referring 
persons who wish for information to " the Printer." ^ 

The record of how the people of Massachusetts stood in re- 
spect to the institution of slavery among them would be greatly 
imperfect if it omitted to mention the part which the Quakers 
of Nantucket took in the attempts made to suppress it. The 
venerable Nathaniel Barney, now of Poughkeepsie, has pub- 
lished an interesting account of their proceedings, and is in 

1 The account given by Judge Sewall, in his diary, of the circumstances under 

which this was written, is as follows : " Having been long and much dissatisfied with 
y trade of fetching Negroes from Guinea, at last I had a strong inclination to write 
something about it; but it wore off. At last reading Bajne Ep'", ab' servants who 
mentions Blackamores, I began to be uneasy that I had so long neglected doing any 
tiling. When I was thus thinking, in came Bro. Belknap, to shew me a petition he 
intended to present to y Gen' Court for the freeing a negro and his wife who were 
unjustly held in Bondage. And there is a motion by a Boston Committee to get a 
law y' all importers of negroes shall pay 4.£ per head to discourage y' bringing 
of y"- And Mr. C. Mather resolves to publish a sheet to exhort masters to labor 
y conversion, which makes me hope that I was called of God to write this apology 
for tliem. Let his blessing accompany the same." 

In a letter of Judge Sewall, in 1706, in speaking of this pamphlet, he says, " It 
is no small refreshment to me that I have the learned, reverend, and aged Mr. Higgin- 
Bon for my abettor. By the interposition of this breastwork, I hope to carry on and 
manage this enterprise with safety and success." (Letter-Book, p. 180.) 

2 Drake's Hist., p. 625. 



218 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

possession of a manuscript copy of a tract against the making 
slaves of men, by Elihic Colman, written in 1729, and pub- 
lished in 1733. Following these as our guide, there can be little 
doubt that this body of Christians deserve the honor of being the 
first associated organization who made open war upon slavery 
in this country, or, so far as I have discovered, in the world. 
The Friends, at their Philadelphia yearly meeting in 1688, had 
begun the discussion without taking any decided action ; but the 
Friends of Nantucket, moved and aroused by the fervid eloquence 
of a distinguished preacher of that denomination, a daughter of 
Tristram Coffin, and the wife of Nathaniel Starbuck, made a 
public protest and declaration, "that it is not agreeable to the 
truth for Friends to purchase slaves and hold them for the terra 
of life." This was in 1716, and was followed in 1729 by an 
appeal from the same body to the Philadelphia yearly meeting, 
that — 

" Inasmuch as we are restrained by the rule of discipline from being 
concerned in fetching or importing negro slaves from their own country, 

whether it is not as reasonable that we should be restricted from buying 
them when imported." 

There is a peculiar significance in this language from the fact, 
stated by the venerable John Woolman, so kindly spoken of in 
the writings of Charles Lamb, that, when he was in Newport in 
1760, he was pained to see slaves imported from Africa by a 
member of the society of Friends, then on sale there by the 
importer. 

This movement by the people of Nantucket was followed by 
others of a similar character, which showed how generally the 
attention of the public was being aroused to the mischief and 
absurdity of tolerating such an institution in the midst of a peo- 
ple who professed a desire to be free. 

And this feeling continued to gain strength, as the difficulties 
with the mother country became more threatening. In 1755, 
Salem applied to the General Court to suppress slavery.^ Bos- 
ton did the same in 1766, in 1767, and, as already stated, in 1772. 
Tn 1773, the action of tlie towns was more general and decided; 
and, without attempting to enumerate them all, it will be enough 

» Felt's Salem, p. 204. 



4 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 219 

to mention, as representing different sections of the Province, the 
towns of Salem, Leicester, and Sandwich, which, in that year, 
specially and pointedly instructed their representatives to use 
their endeavors to put a stop to the importation of slaves.^ The 
subject, too, found its way into the college ; and, at the Com- 
mencement at Harvard that year, there was a public forensic 
disputation upon the question, " Whether slavery is in accord- 
ance with the law of nature ? " 

Pamphlets and newspapers began, as early as 1765, to discuss 
this question of slavery .^ And, as the country approached the 
crisis of the Revolution, masters, in many cases, voluntarily 
emancipated their slaves ; and appeals began to be made to the 
Courts, by those held in bondage, to be declared free. There 
were two such cases in Middlesex, between 1768 and 1770, in 
which judgment was rendered in favor of the parties suing for 
freedom ; and another was decided in the same way in Essex, 
in 1773 : which are referred to rather as examples, than to indi- 
cate the number or localities of these actions.^ 

There is a significant circumstance in the proceedings of the 
Courts of Massachusetts, in the fact, that, contrary to the uniform 
usage of other States where slavery has prevailed, slaves were 
here admitted to testify against white men, even in capital 
cases.* 

It has sometimes been asked, Upon what ground, in the cases 
above referred to, the Courts pronounced in favor of the party 
suing for his freedom ? Unfortunately the Records do not show 
this. If it was placed upon the circumstance of their being born 
in this Commonwealth, as seems to have been the case, from the 
language of C. J. Parsons,^ it would be in accordance with the 
doctrine afterwards declared and maintained by the Courts. If 
it was because the jury saw fit, of their own accord, to render 
their verdict in such a way as to insure the negro his freedom, 

1 Felt's Salem ; Freem. Hist. Barnst. ; Hist. Leicester. 

" Felt's Statis., p. 204. 3 Coffin's Newb., p. 339. 

* Quincy Rep. 30, Gray's note. Tlie following is an extract of a letter from Judge 
Sewall, in 1719, " to Addington Davenport, Esq., going to judge Samuel Smith, of 
Sandwich, for killing his negro." — " Tlie poorest boys and girls within the province, 
such as are of the lowest condition, whetlier they be English or Indians or Ethiopians, 
they have the same right to religion and hfe that the richest heirs have." 

* 4 Mass. Rep., 127. 



220 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

it serves, at least, to show how strong the sentiment then was in 
the community against the institution itself. We are told by- 
John Adams, that " he never knew a jury, by a verdict, to deter- 
mine a negro to be a slave. They always found him free.*' 
And he gives us to understand, that the arguments addressed to 
the Courts in favor of his liberty, were those " arising from the 
rights of mankind." 1 

Nor was the pulpit silent. The venerable pastor of the church 
in Newbury, as well as the late Mr. Coffin, the historian of that 
town, have given us interesting accounts of two spirited sermons 
preached in that pulpit, in 1774, by the Rev. Mr. Niles, after- 
wards a member of Congress from Vermont, and a judge of the 
Supreme Court. And, as evidence of their pertinency and effect, 
we are also told, that one of his parishioners, the next morning, 
called up the only slave he had, and gave him his freedom un- 
solicited.^ 

In this connection, moreover, a circumstance mentioned by the 
learned and faithful biographer of General Warren, ought not 
to be omitted, inasmuch as it shows how freely the feeling against 
the encroachments of the mother country was identified witii that 
against slavery in every form. In November, 1772, the Com- 
mittee of Correspondence of the town of Boston submitted to 
their constituents a statement of what they deemed to be the 
" Rights of the Colonies," and a list of the infringements of 
these. 

It was unanimously adopted at a meeting in Faneuil Hall ; 
and the selectmen of the town were directed to send copies of it 
to the selectmen of the several towns in the province. One of 
its positions is, — " The right to freedom being the gift of God 
Almighty, it is not in the power of man to alienate this gift, and 
voluntarily become a slave." And to show how the sentiments 
of this statement of the " Rights of the Colonies" chimed in with 
the feelings of the people of the towns, more than eighty of them 
sent in their cordial response in its favor, within the first five 
weeks after it had been issued. 

The part which was taken by the black men of the Province 
in the struggle for our independence, has been admirably told by 

1 Original letter to Dr. Belknap, in possession of Mass. Hist. Soc. 
* Dr. Withington's Letter ; Coffin's Newbury, p. 340. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 221 

one fully competent to do it justice, in a ^vork of our late asso- 
ciate, George Livermore; nor does any thing need to be added 
to show its bearing upon the subject now before us. Contem- 
porary history is full of illustrations ; and the language ascribed 
to Colonel Timothy Bigelow, of the Massachusetts Fifteenth of 
the Continental Line, was but an echo of the sentiment pervad- 
ing this community everywhere, that, " while fighting for liberty, 
he would never be guilty of selling slaves." 

With all this feeling, however, the events of that day show 
that it was tempered with prudence, and kept in subserviency to 
the great interests of the united colonies, in the common struggle 
for independence in which they were engaged. In 1777, a pe- 
tition was presented to the General Court of Massachusetts by 
a number of Africans, for the abolition of slavery. A bill to 
that effect was reported and read twice, and then laid upon the 
table, for the purpose of consulting with the Continental Congress 
as to its expediency. In their letter, or petition, to Congress, the 
Legislature use these words : — 

" Convinced of the justice of the measure, we are restrained from pass- 
ing it, only from an apprehension that our brethren in the other colonies 
should conceive there was an impropriety in our determining on a question 
which may, in its nature and operation, be of extensive influence, without 
previously consulting your Honors." 

They then proceed to — 

"ask the attention of your Honors to this matter, that, if consistent with 
the union and harmony of the United States, we may follow the dictates 
of our own understanding and feelings; at the same time assuring your 
Honors, that we have such a sacred regard to the union and harmony of 
the United States, as to conceive ourselves under obligation to refrain 
from any measure that should have a tendency to injure that union which 
is the basis of our defence and happiness." ^ 

' A writer in the "New-York Evening Post," of Jan. 28, 1869, informs tlie pub- 
lic, in a communication dated Jan. 2.5, 1869, including the letter referred to in the 
above text, that he had " discovered the draft of the letter to Congress, which is of 
sufficient interest to deserve publication." A copy of the original had been read 
before the Massachusetts Historical Society, at its regular meeting in September, 
1868, by Charles Deane, Esq., its secretary ; and the above extract liad been taken 
from the printed sheets of the forthcoming volume of its Transactions, and liad been 
delivered, forming a part of this lecture, on the 22d of the same January. 



222 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

It is hardly necessary to add, that such a suggestion as the 
abolition of slavery could not have found favor among those 
who madly clung to an institution which was, even then, begin- 
ning to demoralize the coming republic. But the delicacy of 
Massachusetts in the manner of insisting upon it does not dero- 
gate from the sincerity with which she sought to procure it. 
And when the time came that she felt at liberty to act, it will be 
found that she did, by herself, what she had been disposed to ask 
permission of her sister States to do, — set open the doors of 
bondage, by an organic law of freedom ; and, in 1780, echoed 
back the spirit of the Fathers of 1641, by declaring her slaves 
free. 

To understand this measure, it should be remembered, that, 
in becoming a free State, she had no other form of govern- 
ment than the inadequate one under which her affairs had 
been administered under the Crown. It was, accordingly, 
attempted, in 1777, to frame a constitution, as had been 
done by some others of the colonies which had now become 
States. 

But the instrument offered to the people contained no Declara- 
tion of Rights, and was otherwise so defective, that it was 
rejected, almost without a count of the votes. This was followed 
by the Constitution of 1780, the opening declaration of which 
serves as a key to the whole instrument, that " all men are born 
free and equal, and have certain natural, essential, and unalien- 
able rights." Important as this clause was held to be in its 
practical bearing upon the condition of the slave, it contained no 
new thought, nor was it the enunciation of any new dogma in 
political science. It had come down from early times, having 
been advanced and maintained by a Tuscan writer as early as 
1540 ; and had been often repeated, even by the politicians and 
statesmen of our own country. We read it, substantially, in the 
Declaration of our Independence of 1776. It had found a place, 
the same year, in the Bill of Rights of the Constitution of Vir- 
ginia ; and it was repeated in that of New Hampshire. Bat 
in its application to bodies politic, it seems to have borrowed its 
meaning and interpretation from the habits of thought on the 
part of the people by whom it was used. In New Hampshire, 
it seems to have been read, as saying, that all who should be 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 223 

born after its publication were to be free. "While to the slave- 
holders of Virginia, and such as construe the Declaration of In- 
dependence in the same light, these words were nothing but a 
"glittering generality." But to the people of Massachusetts, 
these words were things. The framers of that constitution 
made no promise to the ear to break it to the hope. And 
when the highest judicial tribunal in the State was called 
upon to construe and apply this clause, they gave a response 
which struck off the chains from every slave in the Common- 
wealth ; and Massachusetts was, at last, what she had so long 
been struggling to be, in all her dwellings, indeed the home 
of freemen. 

The case in which this important decision was made, was that 
of a black man in the County of Worcester, by the name of 
Quork Walker.i And a similar case was soon after decided in 
Berkshire, where a black woman, by the name of Betty, was 
the subject. A case involving the same question is said to 
have arisen in Nantucket, about the same time, in which a like 
decision was had, when that staunch old Quaker, William 
Rotch, Sr., without waiting, as it is said, for any action of the 
Court, resolved to pay the lay of a black seaman, in a whaling 
voyage, to himself, instead of his master, on the ground that the 
Bill of Rights had made him free. And the Court sustained him 
in so doing. And what is worthy of notice, is the character and 
position of the men in the profession who were ready to engage 
in the cause of the slave. The counsel for Walker were Levi 
Lincoln, Sr., and Caleb Strong, whose very names are a part of 
our political history. And the counsel for the slave woman in 
Berkshire was Theodore Sedgwick, afterwards Speaker of Con- 

• In June, 1781, Walker recovered judgment in tlie Court of Common Pleas 
against .Tennison, for £50 damages; and Jennison appealed to the Superior Court. 
But, failing to prosecute his appeal, judgment was rendered for Walker, at the Sep- 
tember Term of the Superior Court, 1781. At the same term of the Court of Common 
Pleas, .Jennison's action against Caldwell for depriving him of the services of his 
servant. Walker, was tried ; and a verdict was returned in favor of the defendant. The 
plaintiff appealed ; but, at the September Term of the Superior Court, judgment was 
rendered for tlie defendant, Caldwell. At the same term of the Superior Court, Sep- 
tember, 1781. an indictment was found against Jennison, for an assiiult upon Walker. 
It was tried before a jury, at the April Term, 1783 ; and the defendant was found 
guilty, and sentenced to pay a fine of .$40 and costs. (Superior Court Records, 
Suffolk, 1781-2, p. 84 ; ib. 79, 1783, p. 85.) 



224 SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 

gress, and Judge of our Supreme Court. To these we might 
add the names of Judge John Lowell and John Adams, to say- 
nothing of Samuel Adams, and other prominent leaders in the 
politics of the State. 

It ought not, however, to be kept out of sight, that there have 
been those who, to this day, cavil at the construction thus put 
upon this clause in the Constitution. And the writer already 
referred to, contests the idea that this clause in the Bill of Rights 
was intended "to annul the condition of servitude;" and adds, 
" We have made diligent inquiry, search, and examination, 
without discovering the slightest trace of positive contem- 
porary evidence to show that this opinion was well founded." ^ 
He seems to have forgotten, that every member of the Court 
which pronounced this judgment, had been members of the 
Convention which formed this Constitution, and took part in its 
discussions ; and two of them were of the committee who were 
appointed to prepare a draft of the Bill of Rights. Nor is this 
all: Judge Sullivan, one of these, and afterwards Attorney- 
General and Governor of Massachusetts, in a letter to Dr. 
Belknap, in 1795, declared, that " this decision put an end to the 
idea of slavery in this State." And the venerable Samuel 
Dexter, father of the still more eminent statesman of that name, 
sums vip an account of this case with this brief declaration: 
" Thus ended slavery in Massachusetts." And here the subject 
might properly be left, so far as the truths of history and the 
good fame of Massachusetts are concerned. But there is that in 
the history of this subject which suggests a contrast between 
slavery as it existed here in 1660, and as we had occasion to 
witness it elsewhere in 1860. 

It was a living organism in 1660, because, as we are told by 
Lord Brougham, when speaking of the abolition of slavery, 
" Every measure proposed by the Colonial Legislature, which 
did not meet the entire concurrence of the British Cabinet, was 
sure to be rejected in the last instance by the Crown." 

In 1860, it owed its life to the persistent will of the States 
themselves in which it prevailed. It never, in Massachusetts, 
divided men socially into classes ; nor did it build up a spurious 
oligarchy upon the roll-call of wretched beings under the ban of 

1 Moore, p. 203. 



SLAVERY AS IT ONCE PREVAILED IN MASSACHUSETTS. 225 

tlie law. It did not arrest the privileges or progress of free edu- 
cation, nor did it stifle tlie sense of faith and allegiance with 
wliieh a generous mind regards the government tliat has pro- 
tected and the country that has reared and cherished him. And 
when the time came for the emancipation of the black man, it 
found the master ready to offer the sacrifice upon the altar of 
liberty, or decorously yielding to the destiny that had made 
him free. 

And the history of the Commonwealth for more than four- 
score years has shown, that, in the relations of civil and political 
liberty, the black man and the white may live together in har- 
mony under just laws, and a wise and liberal Constitution. 
And may we not hope that, with such a lesson before them, 
with slavery gone for ever, the men of our day may yet be wise; 
and with power restored, industry revived, and national harmony 
secured, our land may be the home of a free, a united, and a 
prosperous people ? 



15 



i 



RECORDS OF MASSACHUSETTS 



UNDER ITS 



FIRST CHARTER. 



Bt CHARLES W. UPHAM. 



RECORDS OF MASSACHUSETTS 



UNDER ITS 



FIRST CHARTER. 



' I ^HE design of the lecture this evening is to consider the 
-*- Records of Massachusetts, under its first charter, from the 
point of view in which they illustrate the formation of a body- 
politic. 

The organization of families and communities into some 
established order is demanded by the conditions of our nature. 
More than any other temporal concern, it merits asd compels 
the attention of thoughtful minds; and the questions relating to 
it have always been acknowledged to rank in the highest depart- 
ment, as subjects of inquiry and meditation. Through the entire 
range of history, the greatest minds have been turned to it. But 
a glance at the condition of the nations of the earth shows how 
unsatisfactory have been the results. The experience of ages 
has eftected little; and the theories of philosophers, not much 
more. The human race in all lands, and all ages, has groaned 
under the crushing weight of institutions constructed on false 
principles. Governments everywhere are uplield by military 
force ; and depend for continuance upon ignorance and supersti- 
tion. So far as we are an exception, it becomes us to inquire 
to what we owe the degree of our exemption. 

Enlightened views on the subject of government are especially 
important to a people that governs itself. We can hardly expect 
to obtain them from treatises and essays, however ingenious and 
learned. There is, indeed, an inherent obstacle in the way of 
attaining to the truth by these means. Attempts to reason and 
speculate concerning it are thwarted by the influence on the 



230 RECORDS OF MASSACHUSETTS 

mind of pre-existing usages and ideas. Every suggestion of 
reform is encountered by tiie necessity of adapting it to a sur- 
rounding state of tilings, and by well-grounded fear, tiiat, how- 
ever specious the theory, it may not woriv well in practice. The 
elements of motive, sentiment, and association, that actuate man- 
kind, are so infinitely diversified that they cannot be calculated. 
Casual events, and complicated circumstances, not to be foreseen, 
may bring to naught the best considered schemes. 

On this subject, the world craves and needs, not what theorists 
have conjectured, or philosophers propounded, but what has been 
tried, and found sufficient. The question is — Has a fair experi- 
ment ever been made, under favorable auspices, of laying the 
foundation, and building the fabric of a government of men ? 
and, if so, let it be brought before us. 

As answering this question, and meeting this demand, I cite 
the colony of Massachusetts, during its first half-century, as 
more to the purpose than any other instance in history. 

In pursuance of the recommendation of Governor Clifford, in 
a special message of Feb. 12, 185-3, the Legislature of Mas- 
sachusetts ordered the first and second volumes of the " Records 
of the Governor and Company of the Massachusetts Bay in 
New England," to be printed, embracing the proceedings in 
London prior to the transfer of the patent; and continued after 
that event, under the style of " Colony Records," to 1649. 
The next year a resolve was passed, approved by Governor 
Washburn, February 17, for printing the third, fourth, and fifth 
volumes, carrying the record to 1686, and covering, altogether, 
the entire period of the government under the first charter. The 
form and manner in which they were printed do honor to the 
Commonwealth, and to the distinguished member of our 
society, intrusted with the responsible duty of editing them, 
Nathaniel Bradstreet Shurtleff. The copying was done, under 
his appointment, by David Pulsifer, whose thorough acquaintance 
with the chirography of early colonial times gives assurance of 
exactness. 

These volumes supply the most important instruction any- 
where to be found, on the formation of a civilized State. They 
are the text-book on the subject; and stand alone in their char- 
acter, and the value of their contents, as I proceed to show. 



UNDER ITS FIRST CHARTER. 231 

On the 3d of November, 1620, James I. granted by letters- 
patent all that section of North America, between the fortieth 
and forty-eighth parallels of latitude, from sea to sea, to the 
" Council established at Plymouth, in the County of Devon, for 
the Planting, Ruling, Ordering, and Governing of New England 
in America." 

The Council at Plymouth conveyed by .a contract, indented 
March 14, 1628, so much of the territory, included in their afore- 
said patent, as was between lines, three miles north of Merrimack 
River and three miles south of Charles River, running from sea 
to sea, to Sir Henry Rosewell and Sir John Young, Knights, 
Thomas Southcott, John Humphries, John Endicott, and Simon 
Whitcomb, their heirs, assigns, and associates. 

One year afterwards, namely, on the 4th of March, 1629, in 
the fourth year of the reign of Charles I., letters-patent passed 
the seals, confirming to the above-named six persons, and twenty 
others, severally named, who had become associated with them, 
and their heirs, and assigns, " to their only proper and absolute 
use and behoof forevermore," the territory purchased from the 
Council at Plymouth. These twenty-six individuals thus came 
into complete possession, and were owners, so far as the crown 
of England could give title, of the continent within the limits 
described. The vocabulary of ordinary language, and of the law, 
was exhausted in expressing, in every possible iteration and 
reiteration, the fulness, absoluteness, and perpetuity of the 
feofrnent and jurisdiction thus conveyed. In three particulars 
only was any limitation imposed. 

The company was forbidden, in ruling its vast American 
domain, to make regulations repugnant to the laws of England. 
But this was merely nominal, as no provision was made, or re- 
quired to be made, for redress of any wrong done by the com- 
pany to a planter, or to any outside party. There was, indeed, 
no way left open, through which the regulations of the company 
could be brought to adjudication on this point. No political 
powers, or rights whatever, were given by the patent to the 
people of the settlement ; for the negative protection implied in 
the language, that no laws should be imposed upon them in con- 
flict with the statutes of the realm, was a mere shadow of a shade, 
as events proved. 



232 RECORDS OF MASSACHUSETTS 

The company was required to pay to the crown one-fifth part 
of all ores of gold or silver found in the country. This 
amounted to nothing. 

There was one other condition, which also, in practice, hardly 
amounted to any thing. The patent exempted the settlements, 
to be made by the company, from all duties of any kind, "in- 
ward or outward," for seven years ; and, after that, for twenty- 
one years more, with this exception only, that, during the latter 
period, they were to be subject to a duty of five per cent upon 
goods shipped from the plantations to any other part of the 
dominions of England. But this had no sensible effect here, for 
the duty was to be exacted at the outer end of the voyage, in 
the port of discharge; and was there imposed upon all alike, 
foreigners as well as other colonists. Further, it was pledged by 
the crown, that on the re-exportation, at any time within thirteen 
months, of goods upon which this duty had been paid, to any 
country whatevei-, no further duty of any kind should be levied 
on them. The whole arrangement was justly to be regarded as 
the assurance of a privilege rather than the imposition of a 
burden. No provision was made relating to the subject, on the 
expiration of the twenty-one years, but the whole matter left, as 
between the crown and the company ; for it must be noticed that 
there is no reference whatever, in the patent, to the authority, or 
even the existence, of Parliament, except as implied in the clauses 
requiring the regulations of the company not to be repugnant to 
the laws of England. The duty on goods was not in deference 
to any acts of Parliament, but carefully described, as " according 
to the ancient trade of merchants." In order that it might be 
made clear and certain, that the territories embraced in the 
patent should not be subject to Parliament, but exclusively con- 
nected with the personal private property of the crown, the 
device was adopted, as in the patent to the Council at Plymouth, 
of repeating over and over again, that they were appendages of 
the royal demesnes, " to be holden of us, as of our manor of 
East Greenwich." They were to be regarded as an enlarge- 
ment of the grounds of one of the favorite residences of the 
sovereign. While thus protecting them from interference by any 
other parts of the government, the King bound himself, and his 
heirs and successors, to the end of time, not to encroach upon, 



UNDER ITS FIRST CHARTER. 233 

but, on the contrary, to uphold the administration of the grantees 
in governing their territory ; and enjoined the same upon all ex- 
ercising authority, civil or military, throughout his dominions. 

The persons to whom the patent was issued, were constituted 
a body-politic. They were to choose, annually, from among 
themselves, a governor, deputy governor, and eighteen assistants. 
Any seven or more of the assistants, together with the governor 
or deputy governor, were to hold a monthly court, for disposing 
of questions arising from time to time, and requiring immediate 
attention. There were to be quarterly meetings, held at specified 
times, by the whole body of the members, or " freemen," as they 
were called, of the company. These were for making laws or 
regulations, and the transaction of weighty business. They are 
spoken of in the patent as " great, general, and solemn assem- 
blies," and termed the " four Great and General Courts " of the 
company. At the quarterly meeting, occurring in Easter term, 
that is, in the latter part of May, the annual elections were 
required to be made. 

The King, in the patent, named the persons who were to fill 
the offices of the company, until the time fixed for an election 
should arrive. It is remarkable, that, although there were several 
knights among the grantees, he selected an untitled one for gov- 
ernor. " We do, by these presents, for us, our heirs, and succes- 
sors, nominate, ordain, make, and constitute our well-beloved 
Matthew Cradock, the first and present Governor of the said 
company." Cradock was a London merchant of great wealth, 
and, as the Records show, of eminent practical ability, energy, 
and wisdom. He is said to have been connected by family ties, 
in some way, with Endicott, which accounts, perhaps, for his 
having been drawn in as an associate of the six original proprie- 
tors, and for the deep interest he took in the enterprise. It can 
hardly be doubted, I think, that he was the same Matthew Cra- 
dock, son of a wool merchant in Stafford, who, in the reign of 
James I., became the owner of the baronial estate in Stafford- 
shire, called Caverswall. The castellated mansion, built as early 
as the Norman conquest, was reconstructed by him, under the 
superintendence of Inigo Jones. It is still standing in the form 
Cradock gave to it, and justly regarded as " one of the most 
striking, picturesque, and interesting remains of a distant age, A 



234 RECORDS OP MASSACHUSETTS 

venerable and " solemn fortress-like structure," it demands special 
attention, as " presenting the ideal of the great architect of the 
transition from the ancient castle to the baronial mansion." 
To an American it has a deeper interest. If its possessor and 
occupant was the " well-beloved " Matthew Cradock, of the 
patent, it will appear, as we proceed, that to us that noble man- 
sion will ever be invested with sacred memories and associations. 
Within its massive walls the thought, perhaps, was conceived 
which has made Massachusetts and our country what they are 
to-day. Cradock was returned to Parliament from the city of 
London, in 1640, and died not long after.i 

It is important to bear in mind that the patent conferred 
upon the company, in the most emphatic language, all political 
power whatever, without any reservation that touched the sub- 
stance of the grant. This is so vital to the case, as I am pre- 
senting it, that the expressions used may be quoted, — 

"We do, of our further grace, certain knowledge, and mere motion, 
give and grant to the said governor or deputy governor, and such of the 
assistants and freemen of the said company, for the time being, as shall 
be assembled in any of their General Courts, or in any other courts to be 
specially summoned and assembled for that purpose, or to the greater part 
of them, that it shall and may be lawful to and for them, from time to time, 
to make, ordain, and establish all manner of wholesome and reasonable 
orders, laws, statutes, and ordinances, directions, and instructions, not con- 
trary to the laws of this our realm of England, as well for settling of the 
forms and ceremonies of government and magistracy fit and necessary for 
the said plantation and the inhabitants there, and for naming and styling of 
all sorts of officers, both superior and inferior, and setting forth of the 
several duties, powers, and limits of every such office and place, and for 
imposhions of lawful fines, mulcts, imprisonment, or other lawful cor- 
rection, and for the directing, ruling, and disposing of all other matters 
and things." 

Some dozen or two knights and gentlemen, more or less, sit- 
ting in the parlors of Matthew Cradock, in Swithen's Lane, 
within the ancient limits of London, by virtue of powers thus 
granted, held absolute sway over this part of America, from 

1 Baronial Halls and Ancient Picturesque Edifices of England, by S. C. Hall, 
F.S.A. London, 1858. Proceedings of Essex Institute, vol. i. p. 242 : Memoir of 
Cradock, by David Roberts. * 



UNDER ITS FIRST CHARTER. 235 

Massachusetts Bay to the Pacific Ocean ; and they proceeded to 
administer their government by transporting settlers forthwith. 

Very soon it was found expedient to send some one over to 
superintend affairs here on the spot, and John Endicott, an orig- 
inal purchaser of the country from the Council at Plymouth, was 
despatched accordingly. Some months after his departure, the 
company, on the 30th of April, 1629, elected him " Governor of 
the Plantation in the Massachusetts Bay," and a commission 
was duly forwarded to him with the form of an oath of office. 
This was, however, an arrangement, whereby no power was 
parted with by the company. It w^as a limited appointment. 
Endicott's office w^as to terminate in one year from the day when 
he took the oath, and the right was expressly reserved of remov- 
ing hiin at any time within the year. His authority was limited 
by sundry conditions, and reports of all his doings were required 
to be transmitted to London for approval. He executed his 
functions with fidelity, energy, and ability. But, notwithstand- 
ing all his efforts and those of his employers, the affairs of the 
company were getting into embarrassment, and its operations 
threatened with ruin. 

Cradock, a thorough business man, appreciated the condition 
of things. He saw the impending catastrophe; and, being of a 
bold and courageous spirit, with the comprehensive views of 
a statesman, proved himself competent to discover and apply the 
only remedy that could save the enterprise. That which had 
been fatal to colonial success in other attempts, was the difficulty 
in the Massachusetts plantation. It was managed l)y a distant 
administration. Deliberations and determinations by a body 
sitting in London could not meet the exigencies of a community, 
with an ocean between, and the interlapse of months in the 
transmission of orders and intelligence. Forming a plan by 
which all concerned might be extricated from the responsibilities 
in which they were becoming more and more involved, he was 
so fortunate as to secure the co-operation of parties competent 
to carry it through. A number of gentlemen of property, char- 
acter, and influence, w-ere found willing to join the company and 
assume its burdens, with the understanding that they would per- 
sonally transport themselves and families to America, and make 
it their permanent home, provided they were allowed to carry 



236 RECORDS OF MASSACHUSETTS 

the patent with them, hold its offices, execute its functions, and 
possess all its rights and powers. This was Cradoclc's proposal, 
and the arrangement was consummated. 

John Winthrop, Thomas Dudley, and others, took their seats 
in the company, at a meeting, Oct. 15, 1629. At a meeting, five 
days afterwards, Cradock vacated the chair, and Winthrop was 
elected governor, with a new board of assistants, all to hold 
office for one year from that date. Early the next spring, he em- 
barked for Massachusetts Bay, with the patent, and the frame 
and body of the government. Not a vestige of it was left in 
England. 

There were undoubtedly great and daring irregularities in 
these proceedings, which could not have escaped notice, and 
would have been summarily arrested, had there been the slight- 
est suspicion of their ultimate consequences. There is no pre- 
tence of authority in the patent for the removal of the company 
out of the realm, or for the relinquishment of his office by Cra- 
dock, in the time and manner. His stepping out of the chair, 
on the 20th of October, without even going through the cere- 
mony of a resignation, and the election of Winthrop to serve an 
annual term, when by the patent he could only fill out an unex- 
pired term, were equally without justification. Indeed, no pro- 
vision is made in that instrument for the resignation of any office, 
and it is a procedure inadmissible by English usage. The 
transfer of the company to America brought with it another 
violation of the patent, inasmuch as they were on the passage 
across the Atlantic at the date fixed in express terms for the 
annual election, which' was pretermitted in consequence alto- 
gether. These departures from and violations of the implied 
meaning and explicit requirements of the patent were necessi- 
ties involved in the operation of the transference of it from 
England to America. Those engaged in it, faced the responsi- 
bilities of the occasion without shrinking. No stricture, or 
comment of any kind, appeared from any quarter; and the thing 
was done. 

From the Records, Matthew Cradock alone appears as the 
originator and manager of this business; but from the nature of 
the whole proceeding, it is evident that Winthrop shared with 
him, as a principal co-actor. Let them each have the glory of 



UNDER ITS FIRST CHARTER. 237 

the transaction. It is a glory that will become brighter through 
all time. History sheds no purer lustre upon any names than 
belongs to the men whose wisdom and statesmanship led to the 
bold and decisive step that enabled the colony of Massachusetts 
to bear its great part in teaching how a republic can be built up 
on a solid and permanent foundation. 

The patent of Charles I. to the Massachusetts colony is what 
is called our First Charter; and, from this point, I shall speak of 
it under that appellation. 

When Winthrop's fleet came to anchor in the harbor of Salem, 
he, and such members of the company as had accompanied or 
preceded him, found themselves in absolute and uncontrolled 
possession of the country, within the limits of their charter. 
Their jurisdiction and powers were complete; and had they been 
actuated by selfish motives, or a low ambition, and retained the 
character of a close corporation, the fortunes of the plantation, 
and their own fame, would have had the same fate, that of a brief 
duration and an ignoble end. 

The charter gave to them, in express and repeated terms and 
without limitation, the right to admit new associates. Persons 
thus admitted became full partners and equal members of the 
company, called, as has been stated, Freemen. The exercise of 
this right was the magic by which they converted what was 
originally a royal act of incorporation for business and com- 
mercial purposes, into the constitution of a free and noble Com- 
monwealth. In the year 1631, one hundred and twenty-six of 
the resident population were admitted, and in the next ten years 
twelve hundred more. 

By this generous and enlightened policy, the people here 
acceded to the rights and powers given in the charter. The 
Colony of Massachusetts became an independent State. Parlia- 
ment could not touch it, and the crown had bound itself to keep 
its hands off. 

The result of the proceedings thus far may be restated, at this 
point, in a few words : The charter gave to the Massachusetts 
Company sovereignty over its territory. The admission of the 
people of the plantation into the company gave that sovereignty 
to them. Having the charter in their possession, and rightfully 
holding under it, they claimed and exercised absolute self-govern- 
ment. 



238 RECORDS OF MASSACHUSETTS 

One hundred and forty-six years before the Declaration of the 
Lidependence of the United States, this was an independent 
government, and continued so for more than half a century, — 
more independent, in fact, than it has ever been since. Between 
the period of the First Charter and the war of the Revolution, it 
was a dependent province, its governors appointed by the British 
monarch, and the royal assent needed to give validity to its laws. 
Since the opening of the Revolutionary conflict, to this hour, it 
has been, in many respects and to a considerable extent, subject 
to the old Congress of the Confederation, and subsequently to 
the Government of the United States. But during the fifty-eight 
years of the First Charter, the people were as free to rule them- 
selves as if they had been on another planet. They chose all 
their own officers, asked no approval of their laws, suflered 
no appeal in any case to the mother country, and bowed to no 
tribunals but of their own erection. This was, and ought to be 
considered, the first era of American independence. 

In this respect, that is, in exemption from foreign interference, 
the situation of the original colonists of Massachusetts was all 
that could be desired ; in other respects it was equally favorable. 
All the requisite conditions for the formation of a good govern- 
ment existed. A country lay before them, unoccupied, open, 
and free ; sufficiently large to give room for the experiment, and 
comprising features and resources adapted to the uses of an in- 
dustrious and intelligent people, with only here and there a soli- 
tary previous settler, or remnants of Aboriginal tribes in no way 
fastened to the soil. They had among them many persons of 
large experience in afTairs, conversant with the laws and customs, 
not only of their own native country, but of the nations of Con- 
tinental Europe, and well read in ancient history. Some of them 
had held eminent social position, and were of enlarged culture ; 
and not a few, having enjoyed the advantages of the highest 
schools and seats of academic learning, and of Inns of Court, 
were remarkably qualified to act the part of statesmen. There 
probably was a greater amount of practical wisdom and energy 
among them than in any community, of equal numbers, ever 
brought together. What they had endured in the old country, 
and the sacrifices they had encountered in getting away from it, 
and in opening their wilderness homes, had given them an indi- 



UNDER ITS FIRST CHARTER. 239 

vidual force and independence of character, and liberated their 
minds from the influence of all sentimental associations and tra- 
ditional attachments to the usages, institutions, and social 
fixtures of ail kinds in the old country. 

An opportunity was thus given to solve the problem of govern- 
ment; to ascertain and determine the true method of forming a 
political organization in accordance with nature, reason, justice, 
and right, not to be paralleled elsewhere in the old or new 
world. 

The colony of Plymouth, although dating ten years earlier 
than Massachusetts and extending its distinct history to the close 
of the era of our First Charter, cannot, in some respects, be 
regarded as standing on the same level. Its territory was not 
large enough to form the basis of a State, developed to its full 
dimensions and ramifications. Until after the process of political 
organization was under way here, the older colony could hardly 
give its attention to any thing else than the struggles required to 
extricate itself from financial entanglements with parties in Eng- 
land. It was long before they could feel that the houses they 
had built, and the lands they liad cleared, were their own. The 
infant community springing from Plymouth rock demands, how- 
ever, the sympathy, veneration, and imitation of the friends of 
freedom and virtue. 

Before landing, on the 11th of November, 1620, the Pil- 
grims executed a written instrument, known as " The Compact," 
covenanting and combining themselves together " into a civil 
body politick," subscribed by forty-one persons. Among the 
names are those of several who were servants, some who were 
sailors, and one, at least, who could have had no pretensions to 
consideration on the ground of personal merit, for he is spoken 
of by Bradford as having been " shuffled into their company." 
From the first, he appears to have incurred censure for his " mis- 
carriages." In 1621, he was tied together " neck and heels " for 
contempt of authority and " opprobrious speeches," and in 1630, 
hanged for murder. 

In view of these facts we must consider the compact, drawn 
up in tlie cabin of the " Mayflower," as an instance of universal 
suff"rage, announcing the cardinal principle of a government rest- 
ing upon the whole people, and deriving its authority from the 



240 RECORDS OF MASSACHUSETTS 

voices of all descriptions of persons, without distinction of rank,- 
condition, or character, with a comprehensiveness which Massa- 
chusetts was long in reaching, and to which the United States 
could only have been brought by passing through the Red Sea 
of our recent intestine war. 

The public documents and records of the colony of Plymouth 
have justly been regarded as among the chief historical treasures 
of the Commonwealth in which it was merged. In 1836, a 
resolve of the Massachusetts Legislature was approved by Gov- 
ernor Everett for the publication of the Laws of the Old Colony ; 
and by his appointment they were prepared for the press and 
edited by our esteemed associate who, in a preceding lecture of 
this course, has done justice to the legislation of that colony. The 
result of his labors appeared in a valuable and interesting volume 
entitled " The Compact, with the Charter and Laws of the Colony 
of New Plymouth." In 1855, a resolve was passed, approved by 
Governor Gardner, to publish the " Records of the Colony of New 
Plymouth;" which was executed by printing them in the same 
beautiful shape as the Massachusetts Records, during the period 
of the First Charter. The work was performed under the 
superintendence of the same editor. Dr. Shurtleff. They show 
in detail the proceedings of a community, of a comparatively 
small population, on a limited area, conducting its affairs wisely 
and justly. Its institutions were simple and unpretentious, and 
administered by enlightened men, with as righteous purposes 
and free a spirit as the world ever saw. But when we con- 
sider government, as branching out in the directions demanded 
by a people in the exigencies of an expanding growth, requiring 
complicated arrangements and functions to meet its wants, 
it is obvious that such an opportunity to develop it was not 
afforded in Plymouth as in Massachusetts. It was not, for 
instance, until 1640 that any thing like a House of Deputies 
appeared, representing towns in a General Assembly in the 
older colony. In such respects it fell in our rear, even in the 
order of time. 

Rhode Island originally consisted of several plantations, con- 
flicting with each other, and carrying their contentions to the 
notice of the mother country, thereby keeping their affairs more 
or less within its jurisdiction. Its first General Court, in which 



ITNDER ITS FIRST CHARTER. 241 

towns yyere represented, was held in 1647. Nothing, however, 
can impair its glory, in having first planted and ever sacredly 
cherished the immortal principle of religious liberty. 

What is now Connecticut consisted, for some time, of distinct 
jurisdictions. Their affairs, like those of Rhode Island, were 
dependent upon decisions looked for from the mother country ; 
and finally, in 1665, they were consolidated, by the authority of 
the crown, extinguishing the colony of New Haven, into one 
government. The gallant rescue of the charter obtained at that 
time, from the grasp of Sir Edmund Andros, at Hartford in 1687, 
is justly regarded one of the most memorable incidents of Ameri- 
can history. It continued in force to the time of the Revolution, 
and saved Connecticut from experiencing the fate to which 
Massachusetts was subjected, after the loss of its First Charter 
privileges, of a dependent province. It remained, in fact, the 
constitution of the State of Connecticut until 1818. 

What are now Maine and New Hampshire were claimed by 
conflicting proprietors; a large part of the former, more or less, 
under a foreign jurisdiction, and both of them much of the time 
under that of Massachusetts. 

As this colony was organized, and in full action, as a civil 
government, before the other New-England plantations ; as it was 
central to them, to a great degree their common mother, and s6 
much more populous than either, — its history is of larger signifi- 
cance and importance. In many instances, — indeed, for the most 
part, — they followed in its track and conformed to its practices. 

New York was a Dutch dependency until 1664; and its first 
legislative Assembly was in 1683. New Jersey, Pennsylvania, 
Delaware, and the Carolinas were proprietary provinces. Mary- 
land had a legislative Assembly in 1639 ; but remained a pro- 
prietary government. The early colonial condition of Virginia 
was much interrupted, and long in an unsettled state. 

The records and memorials of all the colonies are, however, 
of great value, presenting many features worthy of study, and, 
in some particulars, severally having claims to special credit, 

Massachusetts alone, was all along, for more than half a 
century, left unmolested to form a government, at her leisure, 
and as she saw fit. The Records that tell how she did it, pos- 
sess, therefore, a value altogether unique. They exhibit precisely 

16 



242 RECORDS OP MASSACHUSETTS 

what a student of political science needs to know, and what can 
nowhere else be found. I proceed to note a few of the stages 
in the progress of eliminating the elements, and shaping the 
forms, of an effective, natural, and well-adjusted social and 
political organization, narrated in them. 

After admitting the people to the freedom and power of the 
company, the founders of Massachusetts applied themselves 
slowly and cautiously, but with decisive measures, to their work. 
For some time, the company, at its meetings, which were all 
called Courts, took the entire management of affairs, however 
trivial, into its own immediate hands, acting dij-ectly on all 
matters whatsoever relating to person or property. At their first 
meeting, the governor and assistants were invested with the 
necessary powers to execute" orders and decisions. At the next 
meeting, a beadle, afterwards dignified with the title of marshal, 
was sworn in, whose duty it was to attend the governor and 
execute his commands ; also to be present at the Court, to main- 
tain and enforce respect for its authority. The character and 
functions of justices of the peace were conferred upon the 
governor, deputy governor, and six of the assistants. Constables 
were appointed in the principal settlements. 

It soon became apparent, that it was impracticable for assem- 
Iflies of the whole body of the freemen, or for the Governor and 
assistants at their monthly meetings, to attend to the multifarious 
matters constantly demanding adjudication, in settlements as yet 
without known laws or established customs, and separated from 
each other by pathless forests. Cases could not reach the 
Court, with all the evidence required to decide upon them justly; 
and the Court, therefore, had to go to the cases. Certain persons 
were appointed in several localities, with limited jurisdiction, " to 
end small causes," as they expressed it. The body of the free- 
men, in General Court assembled, having thus begun to part 
with a portion of their power, and entered upon the path that 
separates judicial from legislative functions, carefully felt their 
way along, creating local tribunals in the towns, establishing 
counties with courts of trial within them, and gradually develop- 
ing a comprehensive system of judicature. 

In 1630, certain persons, their number not always being 
twelve, were appointed by the General Court to find and report 



\ 



UNDER ITS FIRST CHARTER. 243 

to it the facts relating to particular cases, thus originating here the 
institution of a jury, as it has come down to us. The General 
Court continued, however, in most cases, to examine and decide 
matters directly. In 1635, grand juries were provided to present 
cases to the General Court. 

The administration of estates, and the distribution of property, 
wild her of testates or intestates, the General Court, for some 
time, kept in its own hands, heeding the law and practice in 
England, as far as it saw fit ; but at a very early period, the 
policy was discussed, and finally carried into effect, of passing 
the whole business over to special functionaries. Probate 
officers were provided. Special care, however, was taken to 
divest this branch of the law of the ecclesiastical character 
given to it in the mother country. In arranging the judicial 
department, the General Court, consisting as it did, immediately 
or by representation, of the whole people, seems during the entire 
period of the First Charter, to have retained in its own hands an 
ultimate control. An appeal to its revising and final judgment 
was kept open from all tribunals and in all descriptions of cases. 
Although subsequent experience has shed great additional light 
upon the subject of the true position of the judiciary, the records, 
now under review, may well be studied, conveying, as they do, 
much pertinent instruction and matter for reflection. 

As the plantations multiplied, and spread into the interior, it 
became inconvenient for the people to be fully present at the 
meetings of the General Court, and the transaction of business 
was embarrassed by an irregular and unreliable attendance. In 
1632, the expedient was adopted of advising the appointment 
of two persons in each plantation to confer with the Governor 
and assistants, about the raising of a public stock. In 1634, it 
was made lawful for the freemen of the several settlements, to 
choose two or three of their number to attend the Court, to 
confer about public affairs generally, and to " have the full power 
and Voices of all the said freemen derived to them for the making 
and establishing laws, granting lands," &c. The principle of 
representation was thus gradually introduced. All the planta- 
tions fell into the practice of appointing such delegates, who 
were called deputies. For a few years they sat with the assist- 
ants in the same room, the Governor or deputy governor presiding 



244 RECORDS OF MASSACHUSETTS 

over the joint body. It seems to have become the custom for the 
deputies, to vote separately from the assistants ; and a concur- 
rence of the votes of the two portions of the assembly was 
required to carry a measure. Finally, it was concluded to have 
them sit in different rooms ; and the deputies were organized as 
a distinct house, choosing their own speaker. In this way a 
double legislature was established. The fact that it has been 
adopted in all our States, and in the United States government, 
would seem to prove that it is founded on sufficient reasons, and 
essential to good legislation. In this, as in all things else, where 
the practice established here resembled that of the mother 
country, the resemblance was not the result of a spirit of con- 
formity, or in deference to authority from that quarter, but 
solely because, in the natural progress of events, it was found 
expedient. 

At an early day the General Court parted with a very con- 
siderable portion of its sovereignty to the several plantations, 
together with the fee of the lands within the limits of the same, 
thereby calling into existence what has always been regarded 
one of the chief elements of our political civilization, — Towns. 
John Adams declared, that to them, in a great degree, was to be 
attributed the preparation of this people to engage in, and carry 
through, the conflict of the Revolution. They are the nurseries 
of freedom, schools of universal education in popular rights, and 
alone can fit a people to make, obey, and execute the laws. No 
country can take the true start, or secure reliable progress in 
political reform, without them ; and there is no race so degraded, 
as not to be redeemed to a capacity for self-government, if 
trained by such an institution to the exercise of control over 
affairs, by local communities in distinct neighborhoods. 

Similar arrangements had existed for centuries in the mother 
country ; and to them can be traced the characteristics which 
have made the English people competent to uphold a constitu- 
tional government. The encroachment upon these small local 
jurisdictions, — by modern Parliamentary interference and the 
establishment of central commissions or bureaus, — is regarded as 
having already lowered the character of the population of the 
rural districts of the kingdom. Towns were the basis of what 
are called hundreds ; and in different sections of England, at 



\ 



UNDER ITS FIRST CHARTER. 245 

different times, had different appellations, as thorp, now village, 
or hamlet; burgh, now borough ; and town. The last, being prob- 
ably the original name, was the prevalent one ; ^ although when 
our fathers left England, it had become superseded, in some locali- 
ties, by ville, and parish. But, under the latter designation, the in- 
stitution had been perverted from its original character, wliich was 
purely secular, brought under the power of the Church, and made 
to receive an ecclesiastical impress.^ The lawgivers of Massachu- 
setts were too true to their British ancestry to call them villes, 
and their repugnance to associations, connected with the hierarchy 
at home, forbid their calling them parishes. They went back to 
the old Anglo-Saxon name. They made the jurisdiction of 
towns quite limited at first, gradually enlarging it, until it 
reached the dimensions still retained, embracing powers the 
most momentous, and constituting by far the greatest portion 
of what we feel to be the government under which we live. 

When the public exigencies demanded it, a confederation of 
colonies was effected at the suggestion of the Connecticut plan- 
tations, but vinder the lead of Massachusetts. The entries con- 
tained in the Records on this subject, and the documents connected 
with its organization and operation, may be safely said to stand 
the test of comparison witli the State papers of the originators of 
the Confederation of the Revolutionary age, and of the founders 
of our Federal Constitution, as showing the legitimate boundaries 
between the powers of separate States and of any general govern- 
ment that may be established among them. 

The elements that give energy to a commonwealth, in peace 
or war, are strikingly disclosed and illustrated in the history of 
Massachusetts under the First Charter. A more efficient gov- 
ernment for the preservation of order, security, and the common 
welfare, has never existed ; and the rapidity with which the public 
resources were brought to bear in military movements, while it 
was repeated at the opening of the war of Independence, has 
never been surpassed, even in our day, which has witnessed 

1 A Restit\ition of Pecaj'ed Intelligence in Antiquities concerning our Nation, 
by Ricliard Verstigan, 1605, chap. ix. p. 295. 

2 The Parish, its Obligations and Powers ; its officers and their duties, with illus- 
trations of the practical workings of the institution in all secular affairs, by Toulmin 
Smith. London, 1854. 



246 RECORDS OP MASSACHUSETTS 

the uprising in their might of a great people to save the national 
life. 

The early records of Massachusetts shed light upon all sub- 
jects that relate to the development of the moral as well as 
physical strength of a State, particularly the diffusion of knowl- 
edge, and of a public spirit ready to assume burdens and face dan- 
ger ; and to sacrifice ease, property, and life, for the common weal. 

The promptitude, boldness, and impartiality of the internal 
administration of the government are particularly noticeable. 
Ofl'ences were rebuked and disorder suppressed by sure and 
decisive measures : no rank or station, no popular affection or 
habitual reverence for particular persons, however eminent or 
honored, could obstruct the course or embarrass the movements 
of even-handed power. The General Court, in the exercise of 
its sovereignty, treated all men alike, in as well as out of its own 
body. Sir Richard Saltonstall was fined ; Endicott was admon- 
ished, disqualified temporarily for holdijig office, and committed 
for contempt of the authority and dignity of the Court ; and even 
Winthrop, once in a while, was dropped from his high place. 

In the administration of external affairs, the General Court 
was equally disregardful of all weak and timid considerations. 
Nothing can surpass the spirit, courage, ability, and success, with 
which it withstood and repelled attempts of encroachment from 
the mother country. 

There was always a powerful party busily at work in the 
Court at London, bent upon the suppression of the Massachu- 
setts colony ; but by skilful diplomacy on the part of the Court 
and its able agents in England, following the policy compre- 
hended by Winthrop in two words, — " Avoid and protract ; " by 
standing tenaciously and resolutely upon their charter, particu- 
larly that feature of it which left no opening for an appeal to the 
mother country, and provided no process by which complaints 
could legitimately be brought against the company ; by the 
opportune diversion of attention from colonial matters to occur- 
rences in England, especially those connected with the contro- 
versy between the King and Parliament; and by the blessing of 
Providence, — every blow was warded off, until two generations 
had laid the foundations of the political fabric too deep to be 
moved. 



UNDER ITS FIRST CHARTER. 247 

It became, indeed, quite early a general feeling, among sensi- 
ble people in England, tliat it was about as well to let the 
unmanageable and spunky little colony alone. 

Collier, in his " Ecclesiastical History of Great Britain," quotes 
at length the Order in Council Archbishop Laud issued, June 
17, 1634, to all places of trade and plantation where the English 
were settled, enjoining the establishment of the national church 
in them, and remarks, that, while that order was extended to all 
the four great divisions of the world, and generally received and 
obeyed in all colonies and settlements, " New England was some- 
what of an exception. The Dissenters," he continues, " who 
transported themselves thither, established their own fancy." 

Charles II., however, was prevailed upon by the enemies of the 
colony to send over, in 1664, Commissioners to reduce it to sub- 
ordination ; but they went back as they came, disconcerted by the 
firmness and outgeneralled by the strategy of the colonial 
authorities. The records containing the communications that 
passed between these gentlemen and the General Court, show the 
wonderful sagacity, wariness, and ability of the latter. The royal 
commissioners were allowed to gain no advantage in the encoun- 
ter, but were drawn into false positions and exposed attitudes 
by the expert fencing of their adversary, until they were utterly 
discomfited and disarmed. The whole affair, as we read its 
particulars, becomes absolutely amusing, from the superior wis- 
dom and adroitness of the Court. Every attempt to bring the 
administration here under the control of the mother country, 
ended in equally humiliating failure. 

It cannot, indeed, be doubted, that, if matters had come to 
extremities at any time, even at the earliest period, when the 
population scarcely reached up into the thousands, they would 
have resisted in arms any hostile force that should have ventured 
to land on their shores, from whatever quarter it might come ; 
relying on the justness of their cause, and the Divine aid, on 
which they cast themselves with prayer and faith, as no other 
people ever did. Winthrop informs us, that in January, 1635, in 
the prevalence of an apprehension that a General Governor was 
about to be sent over from England, the Court asked the minis- 
ters, convened on the occasion, what ought to be done in that 
event? and they replied, with one voice, that he ought not to be 



248 RECORDS OF MASSACHUSETTS 

received. The fort at Castle Island was immediately built, and ' 
a large commission appointed, consisting of the principal inhabi- 
tants, of which Winthrop was at the head, for " military affairs," 
to organize and arm the whole strength of the country for either 
" offensive or defensive war." The idea was familiarly expressed 
by all, that they would no sooner relinquish their rights under the 
charter than their estates, that they would fight for both ; and, 
if driven from their houses and lands on the seashore, they 
would withdraw deeper and deeper into the forests, carrying their 
charter, the ark of their covenant, with them. And finally, when 
James II. abrogated the charter and took ruthless possession of 
the country, with a design, as the colonial statesmen believed, 
in pursuance of a secret treaty, to cede it to France, the people of 
Boston and the vicinity rose in their wrath. Sir Edmund Andros 
found himself, the next morning, in the lock-up at Fort Hill. 
He was removed for safer keeping to Castle Island, which, by 
holding as a prisoner the deposed royal governor, fairly won a 
right to the title, subsequently given it, of Fort Independence. 
Finally, he was shipped back to England. In the mean time, old 
Simon Bradstreet, in his eighty-seventh year, who, fifty-nine years 
before came over with Winthrop, and was the first secretary and 
the last governor under the First Charter in Massachusetts, was 
recalled to his place by an insurgent people, and for three more 
years affairs were administered as in the days of the old charter. 
The bold procedure was acquiesced in at home and abroad, no 
one was called to account for it, and Andros got no redress. 
The First Charter history of Massachusetts thus closed in glory. 
The study of these records will help us avoid errors into which 
the Fathers of Massachusetts were led. A large department 
of their legislation, that embracing sumptuary laws and police 
regulations, is now considered as passing beyond the bounda- 
ries of the legitimate power of government, and trenching upon 
the rights of private life, and the domain of personal freedom. 
The severities of their penal code are condemned by the sen- 
timents of a more enlightened age ; but, in reference to this 
point, allowance must be made for their circumstances. In the 
prevention and punishment of crime, they had not what we 
possess in philanthropic, reformatory, and penitentiary estab- 
lishments. 



UNDER ITS FIRST CHARTER. 249 

In initiating and organizing a government, errors were com- 
mitted, but tiiey were readily rectified when discovered. In 
1636 and 1637, the General Court was led into a measure sin- 
gularly in conflict with its usual policy and the spirit of the 
people : a council for life was established, and Winthrop, 
Dudley, and Endicott elected to it. The prevalence of sounder 
views prevented any further proceedings, and the plan was 
dropped. 

There is one branch of their administration exposed especially 
to stricture, and universally condemned, at the present day, 
which must not be overlooked ; for their views and designs in 
relation to it are proved to have been fallacious and impracti- 
cable. They came here with a purpose most dear to their 
hearts, of establishing and enjoying a system of society and 
government in which all would be of one mind, in the reception 
of a particular theological creed and ecclesiastical order. This 
did not, in their view, involve any violation of the rights of con- 
science. The New World, as they reasoned, could accommodate 
persons of all persuasions. They had purchased and planted 
their territory, and cherished the hope of enjoying it in peace 
and unity. This idea had captivated their imaginations. The 
agitations and dissensions arising from conflicting religious 
theories were distasteful to their feelings. They had left the Old 
World to get rid of them, and thought it no wrong to ask those 
who desired to establish and propagate opinions in conflict with 
theirs, as there was room enough for all, to go elsewhere. To 
preserve peace, tranquillity, and order, they undertook to keep 
out Anabaptists, Antinomians, and Quakers. It was an error 
to expect to succeed in such a policy, and the attempt involved 
them in the follies and mischiefs of intolerance and persecution. 
As followers of the divine Word, and disciples of the Great 
Teacher, they ought to have known better. Tares will spring 
up with the wheat. Let them both grow together until the 
HARVEST. The Lord of the harvest, and he alone, has the right 
or the power to separate them. In this, then, — it cannot too 
emphatically be affirmed, — the founders of Massachusetts 
were in the wrong, and their example is to be held up as a 
warning. For having pursued the opposite policy, in opening 
a shelter for all sorts of opinions, and patiently enduring the 



250 RECORDS OF MASSACHUSETTS 

turmoil of wrangling bigots and fanatical enthusiasts, rather than 
suffer tiie hand of the civil power to be lifted against them, the 
name of Roger Williams will be illustrious, and the peculiar 
honor of Rhode Island secure for ever. 

At the very first meeting of the Massachusetts General Court, 
after the transfer of the charter, at which a governor and assist- 
ants were chosen, on the 18th of May, 1631, it was voted, that 
" no man shall be admitted to the freedom of this body-politic, 
but such as are members of some of the churches within the 
limits of the same ; " and they suffered no churches to be 
gathered, but such as were sound in doctrine, according to the 
estimation of the General Court. Admitting that the policy 
announced in this vote was erroneous, and rejoicing, as we all 
do, that it has long ago been repudiated, it is but fair to give 
heed to what may be offered in its palliation. It was, in part, 
suggested by their peculiar situation. It was necessary, by all 
means, to keep their government from falling into the hands of 
persons who might appear among them with a disposition to 
win favor from the parties hostile to them around the royal 
court ; and this seemed the most sure way to keep them out. 
Further, in spite of all precautions to prevent it, here, as in all 
first settlements, there were individuals of loose and profligate 
lives, wholly unfit to share in the government. It was an effect- 
ual bar against them. And, after all, it must be conceded, that 
there was one good feature in it. It ignored the distinction 
between high and low, rich and poor, bond and free ; and was, 
as far as it went, in this view, a liberal measure. It is due to 
the Church, Catholic and Protestant, to give it the credit, in 
every age and every communion, whatever other barriers it has 
raised, of having welcomed to its bosom persons of all ranks and 
races, without reference to their position in the scale of society. 
It has been in advance of the State in this particular. 

While we condemn the policy of the Fathers in reference to 
religious opinions, we must not charge them with having con- 
templated an established religion as a part of the frame of their 
government. To that they were utterly opposed. They often, 
it is true, sought the advice of the ministers concerning public 
affairs, appreciating their learning and wisdom, but never allowed 
them to participate in the government. They went further in 



UNDER ITS FIRST CHARTER. 251 

this respect than we do. No minister, or church officer of any 
kind, not even a lay-elder, was permitted to hold any legislative, 
political, or civil appointment. 

Increase Nowell, an original patentee and assistant, belong- 
ing to a high family at home, who came over with the charter, 
was a man of eminent gifts and graces, and all his life in dis- 
tinguished public employment. When the church at Charles- 
town was planted, he was chosen a ruling or lay elder, and 
acted as such. The question was raised, whether he, being a 
magistrate, could hold office in a church. It was decided that 
he could not, and Nowell laid down his eldership. 

Samuel Sharp was probably one of the best educated men of 
the first age of the colony. Bred to learning during his youth, and 
transferred at opening manhood to business as a merchant, he 
continued through life to cultivate his mind and gratify his literary 
tastes. He seems to have been a proficient also in military knowl- 
edge, as he was intrusted, from the first, with all that related to 
engineering, fortification, and ordnance, in the plantation. Col- 
onial enterprise seems to have particitlariy attracted his interest. 
He was one of tiie company in London which managed the first 
settlement at Plymouth. The Records of the Massachusetts 
Company show the active part he took in its affiiirs, and the 
extent to which it availed itself of his business efficiency. 
When Endicott was elected temporary local governor, April 30, 
1629, he divided the vote with him, was appointed one of his 
council, and authorized, in conjunction with Samuel Skelton, 
the first pastor of the Salem church, in the event of Endicott's 
death, to assume the government of the plantation. Although 
Matthew Cradock never came to America in person, he took lands, 
and shipped over successive cargoes of provisions, live stock, 
and other needful articles, selecting suitable persons to look out 
for their disbursement and distribution. Sharp was his chief 
agent, and enjoyed his full confidence. Henry Haughton was 
also concerned in the management of Cradock's afiairs. The 
latter, at the formation of the Salem church, was elected its lay- 
elder; but, dying a few months afterwards, Sharp was chosen to 
his place, which he filled to his death in 1656. In consequence 
of holding this office, the great talents and capacity of Elder 
Sharp were lost to the civil service of the colony. His name, 



252 RECORDS OF MASSACHUSETTS 

although consecrated by the memory of his various usefulness, 
Christian learning, and eminent piety, is seen no more on its 
records, except as having, with Endicott and others, been bound 
over to answer before the General Court, as representatives of 
the Salem church, for having denounced the proceedings of the 
Court against its minister, Roger Williams. 

These instances sufficiently show how thoroughly the policy 
was carried out of not allowing any officers whatever of a church 
to hold political or civil appointments, or in any degree or shape 
to have share in the government. 

The Fathers of Massachusetts have been ridiculed for the re- 
spect in which they held the Hebrew polity, and for bringing the 
authority of the Scriptures, particularly of the Old Testament, 
to corroborate their legislation. But it may be asked, Where else 
could they have gone? Not surely to precedents drawn from 
ancient despotisms, or European monarchies. References to the 
statutes of the Pentateuch were more to their purpose, and justly 
carried greater weight, than to feudal rolls of parliaments, basely 
obsequious to Tudors and Stuarts. The Hebrew government, for 
the ends it was designed to accomplish, was the most perfect ever 
contrived. It left a deeper imprint on national character than 
any government ever has. It gave to a people a national life 
which no power on earth has been able to extinguish. Subjuga- 
tion, dispersion, and the scorn, hate, and persecution of all nations 
for two thousand years, have made no impression on it. The 
Jewish race has survived it all. In our day the proudest mon- 
archs are bowing before its banking-houses, and it affords lead- 
ing minds to parliaments and cabinets. Its perpetuity, as a 
distinct people, although scattered everywhere, and everywhere 
trodden down for ages, is the marvel of the world's history, and 
attests the greatness of Moses as a lawgiver. 

The Massachusetts statesmen of the first age did not follow 
indiscriminately the details of the Jewish system; but, as the 
Records show, sought to discover and obey the requirements of 
eternal moral laws. They acted, in their secular administration, 
upon principles that will stand the test of all time; but found 
gratification and confirmation in the ancient Scriptures. It is 
wonderful to what an extent they were able to avail themselves 
of this resource. Any one who verifies, collates, and examines 



UNDER ITS FIRST CHARTER. 253 

their references to the events, characters, and expressions of Holy 
Writ, will be surprised to find how apposite they are, and what a 
mine was thus opened. Verily, the volume containing the most 
ancient literature of the world, is worthy of being called the 
Book of Books. Not wholly unaware of the disparagement, in 
which some have indulged, of the Old Testament scriptures, I 
am constrained to say, that the longer I live, and the more I pon- 
der them, the profounder is my admiration and veneration of the 
unapproached dignity and simplicity of style of their historical 
and narrative passages, and of the beauty, splendor, and sublimity 
of the conceptions and imagery that glorify their strains of elo- 
quence, poetry, and prophecy, breathing an influence that 
expands and lifts up the soul, and is felt to be inspiration. 

In support of what I have said, in reference to the legislation 
of the first colonial age, allow me to fall back upon the judgment 
of one whose name is among the ornaments of the Massachu- 
setts Historical Society, and the memory of whose genius and 
scholarship is fresh in the hearts of the older members. Francis 
Galley Gray, in a notice of the compendium, made in 1641, of 
the laws of the Massachusetts colony, known as the " Body of 
Liberties," ^ says, — 

" Our ancestors, instead of deducing all their laws from the Books of 
Moses, established, at the outset, a code of fundamental principles, which, 
taken as a whole, for wisdom, equity, adaptation to the wants of their 
community, and a liberality of sentiment superior to the age in which it 
was written, may fearlessly challenge comparison with any similar pro- 
duction, from Magna Charta itself, to the latest Bill of Rights that has 
been put forth in Europe or America." 

The early lawgivers of Massachusetts were, indeed, in advance 
of their times. Before we ridicule or reproach their legislation, 
it becomes us to see to it that those whom we choose to make 
and administer law, are equally in advance of our times. 

The just formation of a body-politic which these Records have 
now been used to illustrate, demands attention in our day. Much 
remains to be done, even in the most advanced and enlightened 
nations. Much is being done. All the light that can be ob- 
tained is needed. Men everywhere are crying out for it. Agita- 



1 Massachusetts Historical Collections, vol. viii. Tliird Series, p. 191. 



254 RECORDS OP MASSACHUSETTS 

tion and change rule the hour. The future is felt to be subject to 
unknown and indeterminable influences, and to depend upon the 
wills or fortunes or lives of individuals, or the fluctuating con- 
flicts of parties. Who can predict what is in store for Spain, 
France, Italy, the German States, or the northern kingdoms of 
Europe ? The current of events seems to be working radical 
changes in Great Britain and Ireland, and the dependencies of 
that empire. Although, in many respects the most advanced 
of the old forms of political civilization, it can hardly be doubted 
that it is doomed to pass through momentous crises ; for the 
whole structure of its constitutional system rests upon fictions 
that must give way, sooner or later, to truth and right. It 
assumes that there are three estates essential to the composition 
of a nation, — king, lords, and commons. The last only has a 
legitimate and permanent existence. The people are the whole 
of a country, so far as its government is concerned, and must 
finally vindicate their rightful claim to power. 

The framers of the Constitution of the United States are 
justly regarded as among the wisest statesmen of all times ; but 
they failed, in some points, in contriving their scheme of govern- 
ment, to estimate aright the action of the principles of human 
nature, or calculate their forces. They did not foresee the opera- 
tion or even the existence of what are called national parties. 
The arrangement they made for the election of a President was 
soon found utterly impracticable for the end designed. The 
Amendment of 1803, introducing the plan that has been subse- 
quently followed, was only carried by the decision of the then 
Spealcer of the House of Representatives, Nathaniel Macon, of 
North Carolina, who claimed the right, since conceded, of the 
presiding officer of that body, to vote when the House is not 
equally divided. His vote made the requisite two-thirds. 

Indications are appearing that some further change may be 
demanded. The intermediate machinery of Electors is justly 
criticised ; but great difficulty will be experienced, in contriving in 
any other way, to preserve the rights of the smaller States. So, 
also, on the elementary subject of suffrage, great enlargements 
have been recently made, but others are demanded. It is, indeed, 
evident that questions are impending that reach the foundations 
of political science. Let them be met, not with ridicule or 



UNDER ITS FIRST CHARTER. 255 

reproach, but with intelligence and fairness. Having been 
brougtit to a higher stand-point, with a wider field of view than 
the Fathers, we ought to have a more liberal spirit; but for in- 
tegrity of purpose, and independence of authority, for carefulness 
in deliberation, and firmness and courage in action, we may well 
study their example. 

Pardon me for detaining you a moment longer, while sum- 
marily delineating the spectacle the early records of Massachu- 
setts present. 

Here, on a clear field, unoccupied by any organized society, 
witli no pre-existent institutions to cumber the ground, but all as 
fresh as if never trodden by man before, the experiment of plant- 
ing and constructing a civil government was fairly worked out. 
No external power was suffered to interfere, and no foreign 
precedents allowed to claim authority ; no closet statesman or 
fanciful theorist formed the scheme ; no lordly proprietor, or dis- 
tant corporation, or board of trade, directors, or officials of any 
kind, dictated. The whole procedure was left, without let or 
hindrance, suggestion or influence, from any outside quarter, to 
the people on the spot. They were a select people for the work ; — 
intelligent, thoughtful, brave, and devout. They were settled in 
families, and comprised all the elements of a State. Although 
emigrants from the Old World, they trailed none of its arbitrary, 
outgrown institutions or usages after them. Conversant with 
all the learning of ancient and feudal forms, they applied none 
of it here. Having a new country to dwell in, they resolved to 
establish nothing but what facts, as they occurred, should prove 
to be necessary or desirable. Oglethorpe planned a social system 
for Georgia, John Locke drafted a contrivance of government for 
the Carolinas, Lord Baltimore superintended Maryland, William 
Pcnn Pennsylvania, and other proprietors and patrons their several 
settlements. Not so in Massachusetts : the Fathers of this colony 
followed no far-off light ; they moved only as experience opened 
the way ; they tried every step as they advanced, indulged in no 
theories or speculations, and held fast only what was found, in 
their view, to be good, and thus accomplished the great end of a 
stable, prosperous, powerful, and permanent commonwealth. All 
the essential features of our present security and happiness were 
stamped into the fabric of society during the period of the First 
Charter. 



256 RECORDS OF MASSACHUSETTS. 



1 



The early growth of Massachusetts was natural ; and the ma- 
tured result as complete, as of every natural growth ; but, unlike 
the growths of nature in other things, there was, in this, no ele- 
ment of decay. The institutions planted during our first fifty 
years withstood a century of immediately subsequent provincial 
endurance ; and as another century under the flag of our Union is 
approaching its completion, they are striking their roots deeper 
every day. The foundation here laid can never be moved ; and 
we owe it to the men who laid it, that, in education, arts, wealth, 
and power, we hold a rank second to none in the Republic. The 
path, here opened, other Colonies and States have travelled, and 
aU must travel, to reach the fruition of liberty, order, justice, and 
the rights of man. 

Of the grand Epic, Time is writing, of the Regeneration of 
Nations, the old charter history of Massachusetts is the First 
Book. 



THE MEDICAL PROFESSION 

IN MASSACHUSETTS. 



By OLIVER WEXDELL HOLMES. 



17 



THE MEDICAL PROFESSION 



IN MASSACHUSETTS. 



'THHE medical history of eight generations, told in an hour, 
■*• must be in many parts a mere outline. The details I shall 
give will relate chiefly to the first century. I shall only indicate 
the leading occurrences, v'/ith the more prominent names of the 
two centuries which follow, and add some considerations sug- 
gested by the facts which have been passed in review. 

A geographer who was asked to describe the tides of Massa- 
chusetts Bay, would have to recognize the circumstance that 
they are a limited manifestation of a great oceanic movement. 
To consider them apart from this, would be to localize a plane- 
tary phenomenon, and to provincialize a law of the universe. 
Tlie art of healing in Massachusetts has shared more or less 
fully and readily the movement which, with its periods of ebb 
and flow, has been raising its level from age to age throughout 
the better part of Christendom. Its practitioners brought with 
them much of the knowledge and many of the errors of the 
Old World; they have always been in communication with its 
wisdom and its folly ; it is not without interest to see how far 
the new conditions in which they found themselves have been 
favorable or unfavorable to tlie growth of sound medical knowl- 
edge and practice. 

The state of medicine is an index of the civilization of an age 
and country, — one of the best, perhaps, by which it can be 
judged. Surgery invokes the aid of all the mechanical arts. 
From the rude violences of the age of stone, — a relic of which 
we may find in the practice of Zipporah, the wife of Moses,i — 

I Exodus iv. 25. 



260 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

to the delicate operations of to-day upon patients lulled into 
temporary insensibility, is a progress which presupposes a skill 
in metallurgy and in the labors of the workshop and the labora- 
tory it has taken uncounted generations to accumulate. Before 
the morphia which deadens the pain of neuralgia, or the quinine 
which arrests the fit of an ague, can find their place in our 
pharmacies, commerce must have perfected its machinery, and 
science must have refined its processes, through periods only to 
be counted by the life of nations. Before the means which 
nature and art have put in the hands of the medical practitioner 
can be fairly brought into use, the prejudices of the vulgar must 
be overcome, the intrusions of false philosophy must be fenced 
out, and the partnership with the priesthood dissolved. All this 
implies that freedom and activity of thought which belong only 
to the most advanced conditions of society ; and the progress 
towards this is by gradations as significant of wide-spread 
changes, as are the varying states of the barometer of far- 
extended conditions of the atmosphere. 

Apart, then, from its special and technical interest, my subject 
has a meaning which gives a certain importance, and even dig- 
nity, to details in themselves trivial and almost unworthy of 
record. A medical entry in Governor Winthrop's journal may 
seem at first siglit a mere curiosity ; but, rightly interpreted, it 
is a key to his whole system of belief as to the order of the 
universe and the relations between man and his Maker. Nothing 
sheds su'ch light on the superstitions of an age as the prevailing 
interpretation and treatment of disease. When the touch of a 
profligate monarch was a cure for one of the most inveterate of 
maladies, when the common symptoms of hysteria were prayed 
over as marks of demoniacal possession, we might well expect 
the spiritual realms of thought to be peopled with still stranger 
delusions. 

Let us go before the Pilgrims of the " Mayflower," and look 
at the shores on which they were soon to land. A wasting pesti- 
lence had so thinned the savage tribes, that it was sometimes 
piously interpreted as having providentially prepared the way 
for the feeble band of exiles. Cotton Mather, who, next to the 
witches, hated the " tawnies," " wild beasts," " blood-hounds," 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 261 

« rattlesnakes," " infidels," as in different places he calls the 
unhappy Aborigines, describes the condition of things in his 
lively way, thus : — 

" The Indians in these Parts had newly, even about a Year or Two 
before, been visited with such a prodigious Pestilence ; as carried away not 
a Tenth, but Nine Parts of Ten (yea 'tis said Nineteen of Twenty) amonf 
them : so that the Woods were almost cleared of those pernicious Crea- 
tures to make Room for a better Grorvth." * 

What this pestilence was has been much discussed. It is 
variously mentioned by different early writers as " the plague," 
« a great and grievous plague," " a sore consumption," as 
attended with spots which left unhealed places on those who 
recovered, as making the whole surface yellow as with a gar- 
ment.2 Perhaps no disease answers all these conditions so well 
as small-pox. We know from different sources what frightful 
havoc it made among the Indians in after years, — in 1631, for 
instance, when it swept away the aboriginal inhabitants of 
whole towns,^ and in 1633.* We have seen a whole tribe, the 
Mandans, extirpated by it in our own day. The word " plague " 
was used very vaguely, as in the description of the " great sick- 
ness " found among the Indians by the expedition of 1622.^ 
This same great sickness could hardly have been yellow fever, 
as it occurred in the month of November. I cannot think, 
therefore, that either the scourge of the East or our Southern 
malarial pestilence was the disease that wasted the Indians. 
As for the yellowness like a garment, that is too familiar to the 
eyes of all who have ever looked on the hideous mask of con- 
fluent variola. 

Without the presence or the fear of these exotic maladies, the 
forlorn voyagers of the " Mayflower " had sickness enough to 
contend with. At their first landing at Cape Cod, gaunt and 
hungry and longing for fresh food, they found upon the sandy 
shore " great muscles, and very fat and full of sea-pearl." Sailors 

1 Magnalia, book i. chap. 2. 

2 Young, Cliron. of the Pilgrims, p. 183, note, 
' Holmes's Annals, vol. i. p. 211, tiote. 

♦ Young, Chronicles of Massachusetts, p. 386. 
' Chronicles of the Pilgrims, p. 302. 



262 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

and passengers indulged in the treacherous delicacy, which 
seems to have been the sea-clam ; and found that these mollusks, 
like the shell the poet tells of, remembered their august abode, 
and treated the way-worn adventurers to a gastric reminiscence 
of the heaving billows. In the mean time, it blew and snowed 
and froze.^ The water turned to ice on their clothes, and made 
them many times like coats of iron. Edward Tilley had like to 
have " sounded " with cold. The gunner, too, was sick unto 
death, but " hope of trucking " kept him on his feet, — a Yankee, 
it should seem, when he first touched the shore of New England. 
Most, if not all, got colds and coughs, which afterwards turned 
to scurvy, whereof many died.^ 

How can we wonder that the crowded and tempest-tossed 
voyagers, many of them already suffering, should have fallen 
before the trials of the first winter in Plymouth ? Their imper- 
fect shelter, their insufficient supply of bread, their salted food, 
now in unwholesome condition, account too well for the diseases 
and the mortality that marked this first dreadful season ; weak- 
ness, swelling of the limbs, and other signs of scurvy, betrayed the 
want of proper nourishment and protection from the elements. 
In December six of their number died, in January eight, in Feb- 
ruary seventeen, in March thirteen. With the advance of spring 
the mortality diminished, the sick and lame began to recover, and 
the colonists, saddened but not disheartened, applied themselves 
to the labors of the opening year.^ 

One of the most pressing needs of the early colonists must 
have been that of physicians and surgeons. In Mr. Savage's 
remarkable Genealogical Dictionary of the first settlers who 
came over before 1692 and their descendants to the third genera- 
tion, I find scattered through the four crowded volumes the names 
of one hundred and thirty-four medical practitioners. Of these, 
twelve, and probably many more, practised surgery ; three were 
barber-surgeons. A little incident throws a glimmer from the 
dark lantern of memory upon William Dinely, one of these prac- 
titioners with the razor and the lancet. He was lost between 
Boston and Roxbury in a violent tempest of wind and snow; 
ten days afterwards a son was born to his widow, and with a 

1 Chronicles of the Pilgrims, p. 119. 2 Ih., pp. 138, 151. » lb., p. 198. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 263 

touch of homely sentiment, I had almost said poetry, they called 
the little creature " Fathergone" Dinely. Six or seven, probably a 
larger number, were ministers as well as physicians, one of whom, 
I am sorry to say, took to drink and tumbled into the Connecticut 
River, and so ended. One was not only doctor, but also school- 
master and poet. One practised medicine and kept a tavern. 
One was a butcher, but calls himself a surgeon in his will, a 
iiiiion of callings which suggests an obvious pleasantry. One 
female practitioner, employed by her own sex, — Ann Moore, — 
was the precursor of that intrepid sisterhood whose cause it has 
long been my pleasure and privilege to advocate on all fitting 
occasions. 

Outside of this list I must place the name of Thomas "Wilkin- 
son, who was complained of, in 1676, for practising contrary to 
law. 

Many names in the catalogue of these early physicians have 
been associated, in later periods, with the practice of the profes- 
sion, — among them, Boylston, Clark, Danforth, Homan, Jeffrey, 
Kittredge, Oliver, Peaslee, Randall, Shattuck, Thacher, Welling- 
ton, Williams,'Woodward. Teuton was a Huguenot, Burchsted a 
German from Silesia, Lunerus a German or a Pole ; " Pighogg 
Churrergeon," I hope, for the honor of the profession, was only 
Peacock disguised under this alias, which would not, I fear, prove 
very attractive to patients. 

What doctrines and practice were these colonists likely to 
bring with them? 

Two principal schools of rriedical practice prevailed in the Old 
World, during the greater part of the seventeenth century. The 
first held to the old methods of Galen : its theory was that 
the body, the microcosm, like the macrocosm, was made up of the 
four elements — fire, air, water, earth; having respectively the 
qualities hot, dry, moist, cold. The body was to be preserved in 
health by keeping each of these qualities in its natural propor- 
tion ; heat, by the proper temperature ; moisture, by the due 
amount of fluid ; and so as to the rest. Diseases which arose 
from excess of heat were to be attacked by cooling remedies ; 
those from excess of cold, by heating ones ; and so of the other 
derangements of balance. This was truly the principle of con- 



264 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

traria contrariis, which ill-informed persons have attempted to 
make out to be the general doctrine of medicine, whereas there 
is no general dogma other than this : disease is to be treated by 
any thing that is proved to cure it. The means the Galenist 
employed were chiefly diet and vegetable remedies, with the use 
of the lancet and other depleting agents. He attributed the four 
fundamental qualities to different vegetables, in four different 
degrees ; thus chicory was cold in the fourth degree, pepper was 
hot in the fourth, endive was cold and dry in the second, and 
bitter almonds were hot in the first and dry in the second degree. 
When we say " cool as a cucumber," we are talking Galenism. 
The seeds of that vegetable ranked as one of " the four greater 
cold seeds " of this system. Galenism prevailed mostly in the 
south of Europe and France. The readers of Moliere will have 
no difficulty in recalling some of its favorite modes of treatment, 
and the abundant mirth he extracted from them. 

These Galenists were what we should call " herb-doctors " to- 
day. Their insignificant infusions lost credit after a time; their 
absurdly complicated mixtures excited contempt, and their 
nauseous prescriptions provoked loathing and disgust. A sim- 
pler and bolder practice found welcome in Germany, depending 
chiefly on mineral remedies, mercury, antimony, sulphur, arsenic, 
and the use, sometimes the secret use, of opium. Whatever we 
think of Paracelsus, the chief agent in the introduction of these 
remedies, and whatever limits we may assign to the use of these 
long-trusted mineral drugs, there can be no doubt that the chemi- 
cal school, as it was called, did a great deal towards the expurga- 
tion of the old, overloaded, and repulsive pharmacopoeia. We 
shall find evidence in the practice of our New-England physicians 
of the first century, that they often employed chemical remedies, 
and that, by the early part of the following century, their chief 
trust was in the few simple, potent drugs of Paracelsus. 

We have seen that many of the practitioners of medicine, 
during the first century of New England, were clergymen. This 
relation between medicine and theology has existed from a very 
early period ; from the Egyptian priest to the Indian medicine- 
man, the alliance has been maintained in one form or another. 
The partnership was very common among our British ancestors. 
Mr. Ward, the Vicar of Stratford-on-Avon, himself a notable 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 265 

example of the union of the two characters, writing about 
1660, says, — 

" The Saxons had their blood-letters, but under the Normans physicke 
begunne in England ; 300 years agoe itt was not a distinct profession by 
itself, but practised by men in orders, witness Nicholas de Ternham, the 
chief English physician and Bishop of Durham ; Hugh of Everham, a 
physician and cardinal ; Grysant, jjhysician and pope ; John Chambers, 
Dr. of Pliysick, was the first bishop of Peterborough ; Paul Bush, a 
bachelor of divinitie in Oxford, was a man well read in physick as well as 
diviiiitie, he was the first bishop of Bristol.^ 

" Again in King Richard the Second's time physicians and divines were 
not distinct professions ; for one Tydeman, Bishop of Landaph and Wor- 
cester, was physician to King Richard the Second." '^ 

This alliance may have had its share in creating and keeping 
up the many superstitions which have figured so largely in the 
history of medicine. It is curious to see that a medical work 
left in manuscript by the Rev. Cotton Mather, and hereafter to be 
referred to, is running over with follies and superstitious fancies ; 
while his conteiuporary and fellow-townsman, William Douglass, 
relied on the same few simple remedies which, through Dr. 
Edward Holyoke and Dr. James Jackson, have come down to our 
own time, as the most important articles of the materia 
medica. 

Let us now take a general glance at some of the conditions 
of the early settlers; and first, as to the healthfulness of the 
climate. The mortality of the season that followed the landing 
of the Pilgrims at Plymouth has been sufficiently accounted for. 
After this, the colonists seem to have found the new country 
agreeing very well with their English constitutions. Its clear 
air is the subject of eulogy. Its dainty springs of sweet water 
are praised not only by Higginson and Wood, but even the 
mischievous Morton says, that for its delicate waters Canaan 
came not near this country.^ There is a tendency to dilate on 
these simple blessings, which reminds one a little of the Mar- 
chioness in Dickens's story, with her orange-peel-and-water 
beverage. Still more does one feel the warmth of coloring, — 

1 Diary of the Kev. John Ward, A.M., p. 117. London, 1839. 

2 lb., p. 160. ' Chronicles of the Pilgrims, p. 129, note. 



266 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

such as we expect from converts to a new faith, and settlers 
who want to entice others over to their clearings, — when Win- 
slow speaks in 1621, of " abundance of roses, white, red, and 
damask; single, but very sweet indeed."^ Most of all, however, 
when, in the same connection, he says, " Here are grapes white 
and red, and very sweet and strong also." This of our wild 
grape, a little vegetable Indian, which scalps a civilized man's 
mouth, as his animal representative scalps his cranium. But 
there is something quite charming in Winslow's picture of the 
luxury in which they are living. Lobsters, oysters, eels, muscles, 
fish, and fowl, delicious fruit, including the grapes aforesaid, — 
if they only had " kine, horses, and sheep," he makes no question 
but men would live as contented here, as in any part of the 
world. We cannot help admiring the way in which they took 
their trials, and made the most of their blessings. 

" And how Content they were," says Cotton ISIather, " when an Honest 
Man, as I have heard, invitnig his Friends to a Dish of Clams, at the 
Table gave Thanks to Heaven, who had given them to such the abundance 
of the Seas, and of the Treasures hid in the Sands ! " ^ 

Strangely enough, as it would seem, except for this buoyant 
determination to make the best of every thing, they hardly appear 
to recognize the difference of the climate from that which they 
had left. After almost three years' experience, Winslow says, he 
can scarce distinguish New England from Old England, in re- 
spect of heat and cold, frost, snow, rain, winds, &c. The winter, 
he thinks (if there is a difference), is sharper and longer; but yet 
he may be deceived by the want of the comforts he enjoyed at 
home. He cannot conceive any climate to agree better with the 
constitution of the English, not being oppressed with extremity 
of heats, nor nipped by biting cold : — 

" By which means, blessed be God, we enjoy our health, notwithstand- 
ing those difficulties we have undergone, in such a measure as would have 
been admired, if we had lived in England with the like means." ^ 

Edward Johnson, after mentioning the shifts to which they 
were put for food, says, — 

" And yet, methinks, our children are as cheerful, fat, and lusty, with 

1 Chronicles of the Pilgrims, p. 234. 2 MagnaUa, book i. chap. 5. 

3 Chron. of the Pilgrims, 369, 370. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 267 

feeding upon those muscles, clams, and other fish, as they were in Eng- 
land with their fill of bread." ^ 

Higginson, himself a dyspeptic, " continually in physic," as he 
says, and accustomed to dress in thick clothing, and to comfort 
his stomach with drink that was "both strong and stale," ^ — 
the "jolly good ale and old," I suppose, of free and easy Bishop 
Still's song, — found that he both coitld and did oftentimes drink 
New-England water very well, — which he seems to look upon 
as a remarkable feat. He could go as light-clad as any, too, 
■with only a light stuff cassock upon his shirt, and stuff breeches 
without linings. Two of his children were sickly : one — little 
misshapen Mary — died on the passage, and, in her father's 
words, " was the first in our ship that was buried in the bowels 
of the great Atlantic sea ; " ^ the other, w^ho had been " most 
lamentably handled '' by disease, recovered almost entirely " by 
the very wholesomeness of the air, altering, digesting, and drying 
up the cold and crude humors of the body." Wherefore, he 
thinks it a wise course for all cold complexions to come to take 
physic in New England, and ends with those often quoted 
words, that " a sup of New England's air is better than a whole 
draught of Old England's ale." * Mr. Higginson died, however, 
" of a hectic fever," a little more than a year after 'his arrival. 

The medical records which I shall cite, show that the colonists 
were not exempt from the complaints of the Old World. Besides 
the common diseases to which their descendants are subject, 
there were two others, — to say nothing of the dreaded small-pox, 
which later medical science has disarmed, — little known among 
us at the present day, but frequent among the first settlers. The 
first of these was the scurvy, already mentioned, of which 
Winthrop speaks in 1630, saying, that it proved fatal to those 
who fell into discontent, and lingered after their former conditions 
in England ; the poor homesick creatures in fact, whom we so 
forget in our florid pictures of the early times of the little band 
in the wilderness. Many who were suffering from scurvy, got 
well when the " Lyon " arrived from England, bringing store 
of juice of lemons.^ The Governor speaks of another case in 

1 Cliron. of Mass., p. 352, no(e. 2 ib., pp. 251, 252. 

3 lb., p. 223. 4 lb., p. 252. 

5 Winthrop's New England, vol. i. pp. 44, 45. 



268 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

1644; and it seems probable that the disease was not of rare 
occurrence. 

The other complaint from which they suffered, but which has 
nearly disappeared from among us, was intermittent fever, or 
fever and ague. I investigated the question as to the prevalence 
of this disease in New England, in a dissertation, which was 
published in a volume with other papers, in the year 1836. 
I can add little to the facts there recorded. One which escaped 
me was, that Joshua Scottow, in " Old Men's Tears," dated 1691, 
speaks of " shaking agues," as among the trials to which they 
had been subjected. The outline map of New England, accom- 
panying the dissertation above referred to, indicates all the places 
where I had evidence that the disease had originated. It was 
plain enough that it used to be known in many places where it 
has long ceased to be feared. Still it was and is remarkable to 
see what a clean bill of health in this particular respect our barren 
soil inherited with its sterility. There are some malarious spots 
on the edge of Lake Champlain, and there have been some tem- 
porary centres of malaria, within the memory of man, on one or 
more of our Massachusetts rivers, but these are harmless enough, 
for the most part, unless the millers dam them, when they are 
apt to retaliate with a whiff from their meadows, that sets the 
whole neighborhood shaking with fever and ague. 

The Pilgrims of the " Mayflower " had with them a good phy- 
sician, a man of standing, a deacon of their church, one whom 
they loved and trusted. Dr. Samuel Fuller. But no medical 
skill could keep cold and hunger and bad food, and, probably 
enough, desperate homesickness in some of the feebler sort, 
from doing their work. No detailed record remains of what they 
suffered or what was attempted for their relief during the first 
sad winter. The graves of those who died were levelled and 
sowed with grain that the losses of the little band might not be 
suspected by the savage tenants of the wilderness,^ and their 
story remains untold. 

Of Dr. Fuller's practice, at a later period, we have an account 
in a letter of his to Governor Bradford, dated June, 1630. " I 
have been to Matapan " (now Dorchester), he says, " and let some 

1 Holmes's Annals, vol. i. p. 168, note. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 269 

twenty of those people blood." ^ Such wholesale depletion as 
this, except with avowed homicidal intent, is quite unknown 
in these days; though I once saw the noted French surgeon, 
Lisfranc, in a fine phlebotomizing frenzy, order some ten or 
fifteen patients, taken almost indiscriminately, to be bled in a 
single morning. 

Dr. Fuller's two visits to Salem, at the request of Governor 
Endicott, seem to have been very satisfactory to that gentleman.^ 
Morton, the wild fellow of Merry Mount, gives a rather question- 
able reason for the Governor's being so well pleased with the 
physician's doings. The names under which he mentions the 
two personages, it will be seen, are not intended to be compli- 
mentary. " Dr. Noddy did a great cure for Captain Littleworth. 
He cured him of a disease called a wife." ^ William Gager, 
who came out with Winthrop, is spoken of as " a right godly 
man and skilful chyrurgeon," but died of a malignant fever not 
very long after his arrival.'' 

Two practitioners of the ancient town of Newbury are en- 
titled to special notice, for different reasons. The first is Dr. 
John Clark, who is said by tradition to have been the first regu- 
larly educated physician who resided in New England. His 
portrait, in close-fitting skull-cap, with long locks and ven- 
erable (lowing beard, is familiar to our eyes on the wall of our 
Society's antechamber. His left hand rests upon a skull, his 
right hand holds an instrument which deserves a passing com- 
ment. It is a trephine^ a surgical implement for cutting round 
pieces out of broken skulls, so as to get at the fragments which 
have been driven in, and lift them up. It has a handle like that 
of a gimlet, with a claw like a hammer, to lift with, I suppose, 
which last contrivance I do not see figured in my books. But 
the point I refer to is this : the old instrument, the trepan, had 
a handle like a wimble, — what we call a brace or bit-stock. 
The trepliine is not mentioned at all in Peter Lowe's book, Lon- 
don, 1634 ; nor in Wiseman's great work on Surgery, London, 
1676 ; nor in the translation of Dionis, ])ublished by Jacob Ton- 
son, in 1710. In fact it was only brought into more general use 
by Cheselden and Sharpe so late as the beginning of the last 

1 Chron. of Mass., p. 312. 2 lb., p. 32. 3 lb., p. 131. 

* Winthrop's New England, vol. i. p. 33. 



270 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

century.i As John Clark died in 1661, it is remarkable to see 
the last fashion in the way of skull-sawing contrivances in 
his hands, — to say nothing of the claw on the handle, and a 
Hey's saw, so called in England, lying on the table by him, and 
painted there more than a hundred years before Hey was born. 
This saw is an old invention, perhaps as old as Hippocrates, and 
may be seen figured in the Armamentarium Chirurgicum of 
Scultetus, or in the Works of Ambroise Pard. 

Dr. Clark is said to have received a diploma before he came, 
for skill in lithotomy.^ He loved horses, as a good many doctors 
do, and left a good property as they all ought to do. His grave 
and noble presence, with the few facts concerning him, told with 
more or less traditional authority, give us the feeling that the 
people of Newbury, and afterwards of Boston, had a wise and 
skilful medical adviser and surgeon in Dr. John Clark. 

The venerable town of Newbury had another physician who 
was less fortunate. The following is a court record of 1652 : — 

" This is to certify whom it may concern, that we the subscribers, being 
called upon to testify against [doctor] William Snelling for words by 
him uttered, affirm tliat being in way of merry discourse, a health being 
drank to all friends, he answered, — 

' I'll pledge my friends, 
And for my foes 
A plague for their heels 
And,' — 

[a similar malediction on the other extremity of their feet.] 

" Since when he liath affirmed that he only intended the proverb used 
in the west country, nor do we believe he intended otherwise. 

[Signed], William Thomas. 

Thomas Milward. 

"March 12'" 1651, All which I acknowledge, and I am sorry I did not 
eipresse my intent, or that I was so weak as to use so foolish a proverb. 
[Signed], Gulielmus Snelling." 

Notwithstanding this confession and apology, the record tells 
us, that" William Snelling in his presentment for cursing is fined 
ten shillings and the fees of court." ^ 



'D" 



1 British and For. Med. 'Rev., vol. xvi. p. 49. 

2 Tliacher, Med. Biography, p. 222. 
' Coffin, Hist, of Newbury, p. 55. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 271 

I will mention one other name among those of the Fathers of 
the medical profession in New England. The " apostle " Eliot 
says, writing in 1647, " We never had but one anatomy in the 
country, which Mr. Giles Firman, now in England, did make 
and read upon very well." ^ 

Giles Firm in, as the name is commonly spelled, practised physic 
in this country for a time. He seems to have found it a poor 
business ; for, in a letter to Governor Winthrop, he says, " I am 
strongly sett upon to studye divinitie: my studyes else must be 
lost, for physick is but a meene helpe." ^ 

Giles Firmin's Lectures on Anatomy were the first scientific 
teachings of the New World. While the Fathers were enlight- 
ened enough to permit such instructions, they were severe in 
dealing with quackery ; for, in 1631, our court records show that 
one Nicholas Knopp, or Knapp, was sentenced to be fined or 
whipped " for taking upon him to cure the scurvey by a water of 
noe worth nor value, which he solde att a very deare rate." ^ 
Empty purses or sore backs would be common with us to day if 
such a rule were eliforced. 

Besides the few worthies spoken of, and others whose names I 
have not space to record, we must remember that there were many 
clergymen who took charge of the bodies as well as the souls of 
their patients, among them two Presidents of Harvard College, 
— Charles Chauncy and Leonard Hoar, — and Thomas Thacher, 
first minister of the " Old South," author of the earliest medical 
treatise printed in the country,* whose epitaph in Latin and 
Greek, said to have been written by Eleazer, an " Indian Youth " 
and a member of the Senior Class of Harvard College, may be 
found in the " Magnalia." ^ I miss this noble savage's name in 
our triennial catalogue; and, as there is many a slip between the 
cup and lip, one is tempted to guess that he may have lost his 
degree by some display of his native instinct, — possibly a flour- 
ish of the tomahawk or scalping-knife. However this may have 
been, the good man he celebrated was a notable instance of the 

1 Hist. Coll. 3d Series, vol. ir. p. 57. 

2 Winthrop Papers in Hist. Coll. 4th Series, toI. rii. p. 273. 
' Mass. Col. Court Kecorils, vol. i. p. 03. 

* " A Brief Rule to guide the Common People in SmaU-pox and Measles." 1674. 
5 Book iii. chap. 26. 



272 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

Angdical Conjunction, as the author of the " Magnalia " calls it, 
of the offices of clergyman and medical practitioner. 

Michael Wigglesworth, author of the "Day of Doopi," attended 
the sick " not only as a Pastor, but as a Physician too, and this, 
not only in his own town, but also in all those of the vicinity." J- 
Mather says of the sons of Charles Chauncy, ^^AU of these did, 
while they had Opportunity, Preach the Gospel ; and most, if not 
all of them, like their excellent Father before them, had an emi- 
nent skill in physick added unto their other accomplishments," 
&c. Roger Williams is said to have saved many in a kind of 
pestilence which swept away many Indians. 

To these names must be added, as sustaining a certain rela- 
tion to the healing art, that of the first Governor Winthrop, 
who is said by John Cotton to have been " Help for our Bodies 
by Physick [and] for our Estates by Law," ^ and that of his son, 
the Governor of Connecticut, who, as we shall see, was as much 
physician as magistrate. 

I had submitted to me for examination, in 1862, a manuscript 
found among the Winthrop Papers, marked with the superscrip- 
tion, " For my worthy friend Mr. Wintrop," dated in 1643, 
London, signed Edward Stafford, and containing medical direc- 
tions and prescriptions. It may be remembered by some present 
that I wrote a report on this paper, which was published in the 
" Proceedings " of this Society. Whether the paper was written 
for Governor John Winthrop, of Massachusetts, or for his son, 
Governor John, of Connecticut, there is no positive evidence that 
I have been able to obtain. It is very interesting, however, as 
giving short and simple practical directions, such as would be 
most like to be wanted and most useful, in the opinion of a phy- 
sician in repute of that day. 

The diseases prescribed for are plague, small-pox, fevers, king's 
evil, insanity, falling-sickness, and the like; with such injuries as 
broken bones, dislocations, and burning with gunpowder. The 
remedies are of three kinds : simples, such as St. John's wort, 
Clown's all-heal, elder, parsley, maidenhair; mineral drugs, such 
as lime, saltpetre, Armenian bole, crocus metallorum, or sul- 
phuret of antimony ; and thaumaturgic or mystical, of which the 

1 Cotton Mather's Funeral Sermon, preached Jan. 24, 1705. 

2 lb., book ii. chap. 4. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 273 

chief is, " My black powder against the plague, small-pox ; pur- 
ples, all sorts of feavers ; Poyson ; either, by Way of Preven- 
tion or after Infection." This marvellous remedy was made by 
putting live toads into an earthen pot so as to half fill it, and 
baking and burning them "in the open ayre, not in an house," 
— concerning which latter possibility I suspect Madam Winthrop 
would have had something to say, — until they could be reduced 
by pounding, first into a brown, and then into a black, powder. 
Blood-letting in some inilammations, fasting in the early stage 
of fevers, and some of those peremptory drugs with which most 
of us have been well acquainted in our time, the infragrant 
memories of which I will not pursue beyond this slight allusion, 
are among his remedies. 

The Winthrops, to one of whom Dr. Stafford's directions were 
addressed, were the medical as well as the political advisers of 
their fellow-citizens for three or four successive generations. One 
of tiiem, Governor John, of Connecticut, practised so extensively, 
that, but for his more distinguished title in the State, he would 
have been remembered as the Doctor. The fact that he practised 
in another colony, for the most part, makes little difi'erence in 
the value of the records we have of his medical experience, 
which have fortunately been preserved, and give a very fair idea, 
in all probability, of the way in which patients were treated in 
Massachusetts, when they fell into intelligent and somewhat 
educated hands, a little after the middle of the seventeenth 
century. 

I have before me, while writing, a manuscript collection of the 
medical cases treated by him, and recorded at the time in his 
own hand, which has been intrusted to me by our President, his 
descendant. They are generally marked Hartford, and extend 
from the year 1657 to 1669. From these manuscripts, and from 
the letters printed in the Winthrop Papers published by our 
Society, I have endeavored to obtain some idea of the practice 
of Governor John Winthrop, Jr. The learned eye of Mr. Pul- 
sifer would have helped me, no doubt, as it has done in other 
cases; but I have ventured thi-s time to attempt finding my 
own way among the hieroglyphics of these old pages. By 
careful comparison of many prescriptions, and by the aid of 
SchriJder, Salmon, Culpeper, and other old eompilers, I have 

18 



274 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

deciphered many of his difficult paragraphs with their mysterious* I 
recipes. 

The Governor employed a number of the simples dear to ancient 
women, — elecampane and elder and wormwood and anise and 
the rest ; but he also employed certain mineral remedies, which 
he almost always indicates by their ancient symbols, or by a name 
which should leave them a mystery to the vulgar. I am now 
prepared to reveal the mystic secrets of the Governor's beneficent 
art, which rendered so many good and great as well as so many 
poor and dependent people his debtors — at least, in their simple 
belief — for their health and their lives. 

His great remedy, which he gave oftener than any other, was 
nitre; which he ordered in doses of twenty or thirty grains to 
adults, and of three grains to infants. Measles, colic, sciatica, 
headache, giddiness, and many other ailments, all found them- 
selves treated, and I trust bettered, by nitre ; a pretty safe 
medicine in moderate doses, and one not likely to keep the good 
Governor awake at night, thinking whether it might not kill, if it 
did not cure. We may say as much for spermaceti, which he 
seems to have considered " the sovereign'st thing on earth " for 
inward bruises, and often prescribes after falls and similar in- 
juries. 

One of the next remedies, in point of frequency, which he 
was in the habit of giving, was (probably diaphoretic) antimony; 
a mild form of that very active metal, and which, mild as it 
was, left his patients very commonly with a pretty strong con- 
viction that they had been taking something that did not exactly 
agree with them. Now and then he gave a little iron or sulphur 
or calomel, but very rarely ; occasionally, a good, honest dose 
of rhubarb or jalap; a taste of stinging horseradish, oftener 
of warming guiacum ; sometimes, an anodyne, in the shape of 
mithridate, — the famous old farrago, which owed its virtue to 
poppy juice ; ^ very often, a harmless powder of coral ; less fre- 
quently, an inert prescription of pleasing amber ; and ^let me 
say it softly within possible hearing of his honored descendant), 
twice or oftener, — let us hope as a last resort, — an electuary 

1 This is the remedy which a Boston divine tried to simpUfy. See " Electuarium 
Novum Alexipliarmacum," by Rev. Tliomas Harward, lecturer at the Koyal 
Chappell. Boston, 1732. This tract is in our Society's library. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 275 

of millipedes, — sowbugs, if we must give them their homely 
English name. One or two other prescriptions, of the many 
unmentionable ones which disgraced the pharmacopoeia of the 
seventeenth century, are to be found, but only in very rare 
instances, in the faded characters of the manuscript. 

The excellent Governor's accounts of diseases are so brief, 
that we get only a very general notion of the complaints for 
which he prescribed. Measles and their consequences are at 
first more prominent than any other one affection, but the com- 
mon infirmities of both sexes and of all ages seem to have come 
under his healing hand. Fever and ague appears to have been 
of frequent occurrence. 

His published correspondence shows, that many noted people 
were in communication with him as his patients. Roger Wil- 
liams wants a little of his medicine for Mrs. Weekes's daughter ; 
worshipful John Haynes is in receipt of his powders ; trouble- 
some Captain Underhill wants " a little white vitterall " for his 
wife, and something to cure his wife's friend's neuralgia (I think 
his wife's friend's husband had a little rather have had it sent by 
the hands of Mrs. Underhill, than by those of the gallant and 
discursive captain) ; and pious John Davenport says, his wife 
" tooke but one halfe of one of the papers" (which probably 
contained the medicine he called rM^iVa), " but could not beare 
the taste of it, and is discouraged from taking any more ; " and 
honored William Leete asks for more powders for his " poors 
little daughter" Graciana, though he found it "hard to make her 
take it," delicate, and of course sensitive, child as she was, lan- 
guishing and dying before her time, in spite of all the bitter things 
she swallowed, — God help all little children in the hands of 
dosing doctors and howling dervishes ! Restless Samuel Gor- 
ton, now tamed by the burden of fourscore and two years, 
writes so touching an account of his infirmities, and expresses 
such overflowinsf gratitude for the relief he has obtained from 
the Governor's prescriptions, wondering how " a thing so little in 
quantity, so little in sent, so little in taste, and so little to sence 
in operation, should beget and bring forth such efects," that we 
repent our hasty exclamation, and bless the memory of the good 
Governor, who gave relief to the worn-out frame of our long- 
departed brother, the sturdy old heretic of Rhode Island. 






276 THE MEDICAL PROFESSION IN MASSACHUSETTS. 



What was that medicine which so frequently occurs in the 
printed letters under the name of " rubila " ? It is evidently a 
secret remedy, and, so far as I know, has not yet been made out. 
I had almost given it up in despair, when I found what appears 
to be a key to the mystery. In the vast multitude of prescrip- 
tions contained in the manuscripts, most of them written in 
symbols, I find one which I thus interpret : — 

" Four grains of (diaphoretic) antimony, with twenty grains 
of nitre, with a little salt of tin, making rubila." Perhaps some- 
thing was added to redden the powder, as he constantly speaks 
of "rubifying" or "viridating" his prescriptions; a very com- 
mon practice of prescribers, when their powders look a little too 
much like plain salt or sugar. 

Waitstill Winthrop, the Governor's son, " was a skilful physi- 
cian," says Mr. Sewall, in his funeral sermon ; " and generously 
gave, not only his advice, but also his Medicines, for the healing 
of the Sick, which, by the Blessing of God, were made 
successful for the recovery of many." i His son John, a mem- 
ber of the Royal Society, speaks of himself as "Dr. Win- 
throp," and mentions one of his own prescri|)tions in a letter 
to Cotton Mather. Our President tells me that there was an 
heirloom of the ancient skill in his family, within his own re- 
membrance, in the form of a certain precious eye-water, to which 
the late President John Quincy Adams ascribed rare virtue, 
and which he used to obtain from the possessor of the ancient 
recipe. 

These inherited prescriptions are often treasured in families, I 
do not doubt, for many generations. When I was yet of trivial 
age, and suffering occasionally, as many children do, from what 
one of my Cambridgeport schoolmates used to call the " ager," — 
meaning thereby toothache or faceache, — I used to get relief 
from a certain plaster which never went by any other name in 
the family than " Dr. Oliver." 

Dr. James Oliver was my great-great-grandfather, graduated 
in 1680, and died in 1703. This was, no doubt, one of his 
nostrums; for nostrum, as is well known, means nothing more 

1 See also his epitaph in " Life and Letters of John Winthrop," by his descend- 
ant, Hon. Robert C. Winthrop. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 277 

than our oiun or my oivn particular medicine, or other posses- 
sion or secret, and physicians in old times used to keep their 
choice recipes to themselves a good deal, as we have had occasion 
to see. 

Some years ago I found among my old books a small manu- 
script marked " James Oliver. This Book Begun Aug. 12, (16)85." 
It is a rough sort of account-book, containing among other 
things prescriptions for patients, and charges for the same, with 
counter-charges for the purchase of medicines and other matters. 
Dr. Oliver practised in Cambridge, where may be seen his tomb 
with inscriptions, and with sculptured figures that look more 
like Diana of the Ephesians, as given in Calmet's Dictionary, 
than like any angels admitted into good society here or else- 
where. 

I do not find any particular record of what his patients suf- 
fered from, but I have carefully copied out the remedies he 
mentions, and find them to form a very respectable catalogue. 
Besides the usual simples, elder, parsley, fennel, saffron, snake- 
root, wormwood, I find the Elixir Proprietatis, with other elixirs 
and cordials, as if he rather fancied warming medicines; but he 
called in the aid of some of the more energetic remedies, includ- 
ing iron, and probably mercury, as he bought two pounds of it 
at one time. 

The most interesting item is his bill against the estate of 
Samuel Pason, of Roxbury, for services during his last illness. 
He attended this gentleman — for such he must have been, by 
the amount of pliysic which he took, and which his heirs paid 
for — from June 4th, 1696, to September 3d, of the same year — 
three months. I observe he charges for visits as well as for 
medicines, wliich is not the case in most of his bills. He opens 
the attack with a carminative appeal to the visceral conscience, 
and follows it up with good hard-hitting remedies for dropsy, — 
as I suppose the disease would have been called, — and finishes 
off with a rallying dose of hartshorn and iron. 

It is a source of honest pride to his descendant that his bill, 
which was honestly paid, as it seems to have been honorably 
earned, amounted to the handsome sum of seven pounds 
and two shillings. Let me add that he repeatedly prescribes 
plasters, one of which was very probably the " Dr. Oliver" 



278 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 



that soothed my infant griefs, and for wliich I blush to say that 
my venerated ancestor received from Goodman Hancock the 
painfully exiguous sum of no pounds, no shillings, and six- 
pence. 

I have illustrated the practice of the first century, from the two 
manuscripts I have examined, as giving an impartial idea of its 
every-day methods. The Governor, Johannes Secundus, it 
is fair to remember, was an amateur practitioner, while my 
ancestor was a professed physician. Comparing their modes 
of treatment with the many scientific follies still prevailing in 
the Old World, and still more with the extraordinary theological 
superstitions of the community in which they lived, we shall 
find reason, I think, to consider the art of healing as in a 
comparatively creditable state during the first century of New 
England. 

In addition to the evidence as to methods of treatment fur- 
nished by the manuscripts I have cited, I subjoin the following 
document, to which my attention was called by Dr. Shurtleff, 
our present Mayor. Tliis is a letter of which the original is to be 
found in vol. Ixix. page 10 of the " Archives" preserved at the State 
House in Boston. It will be seen that what the surgeon wanted 
consisted chiefly of opiates, stimulants, cathartics, plasters, and 
materials for bandages. The complex and varied formulae have 
given place to simpler and often more eflective forms of the 
same remedies ; but the list and the manner in which it is made 
out are proofs of the good sense and schooling of the surgeon, 
who, it may be noted, was in such haste that he neglected all his 
stops. He might well be in a hurry, as on the very day upon 
which he wrote, a great body of Indians — supposed to be six 
or seven hundred — appeared before Hatfield; and twenty-five 
resolute young men of Hadley, from which town he wrote, 
crossed the river and drove them away.i 

Hadly May 30 : 76 
M' Rawson S' 

What we have rec* by Tho : Honey the past month is not 
the cheifest of our wants as you have love for poor wounded I pray let us 
not want for these following medicines if you have not a speedy convey- 
ance of them I pray send on purpose they are those things mentioned in 

I Holmes's Annals, vol. i. p. 381. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 



279 



my former letter but to prevent futur 
large wee have great want with the 
supplyed 



J Imp. XJng' Basilic R ij 

' Liniment Arcei ft ij 

Ung' Nervin: ft ij 

01: Rosaruni ft ij 

SOI: terebinth: ft ij 

Mitliriilat: ft j 

Diascordii ft j 

theriac: Andromac: .... ft ss 

Licortise ft j 

Hord: Gallic: ft iiij 

Empl: Di.ipal: ft iij 

Empl: De Minio ft iij 

Eniiil: De Meliloti ft ij 

Empl: paracclsi ft j 



•e mistakes I have wrote them att 
greatest hast and speed let us be 

Y' Ser' 
"Will Locke 



Oxycroceum ft 

Emp: Diachyl: Cum Gum . 

De betonica 

Flor: chamemiKli .... 

Flor: meliloti 

Sal: prunelte 

pul: Aloes 5 

' Sem: Anisi Santouicae an . . 3 
Aq: theriacalis .... .ft 

Spt. Cinnamomi ft 

Syr: Gariophyllor: ft 

Syr: Rosarum Solut: .... ft 

Croci 3 

Old linnin as much as you can get 



J 

j 

j 

j 

j 

iiij 

iiy 

iiij 

ij 

j 

ij 

ij 

S8 



Will: Locks 



[Direction] for M' Edward Rawson 
Seer': w" liast & speed humbly 
present These in 
Boston 

[Endorsed] 

Mr Locke's Letter Rec" from the Governor 1.3 June & acquainted y Council with 
it but could not obtaine any thing to be sent in answer thereto 13 June 1676 

I have given some idea of the chief remedies used by our ear- 
lier physicians, which were both Galenic and chemical ; that is, 
vegetable and mineral. They, of course, employed the usual per- 
turbing medicines which Montaigne says are the chief reliance 
of their craft. There were, doubtless, individual practitioners who 
employed special remedies with exceptional boldness and per- 
haps success. Mr. Eliot is spoken of, in a letter of William 
Leete to Winthrop, Junior, as being under Mr. Greenland's 
mercurial administrations.^ The latter was probably enough one 
of these specialists. 

There is another class of remedies which appears to have been 
employed occasionally, but, on the whole, is so little prominent 
as to imply a good deal of common sense among the medical 
practitioners, as compared with the superstitions prevailing 
around them. I have said that I have caught the good Governor, 

1 Crossed out in the letter. - " The last was broken." 

3 Hist. Coll. 4th Series, vol. rii. p. 575. 



280 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

now and then, prescribing the electuary of millipedes; but he is 
entirely excused by the almost incredible fact that they were re- 
tained in the materia niedica so late as when Rees's Cyclopaedia 
was published, and we there find the directions formerly given 
by the College of Edinburgh for their preparation. Once or 
twice we have found him admitting still more objectionable 
articles into his materia medica; in doing which, I am sorry to 
say that he could plead grave and learned authority. But these 
instances are very rare exceptions in a medical practice of many 
years, which is, on the whole, very respectable, considering the 
time and circumstances. 

Some remedies of questionable though not odious character 
appear occasionally to have been employed by the early practi- 
tioners, but they were such as still had the support of the medical 
profession. Governor John Winthrop, the first, sends for East- 
Indian bezoar, with other commodities he is writing for.^ Gov- 
ernor Endicott sends him one he had of Mr. Humfrey.^ I hope it 
was genuine, for they cheated infamously in the matter of this 
concretion, which ought to come out of an animal's stomach, but 
the real history of which resembles what is sometimes told of 
modern sausages. There is a famous law-case of James the 
First's time, in which a goldsmith sold a hundred pounds' worth 
of what he called bezoar, which was proved to be false, and the 
purchaser got a verdict against him. Governor Endicott also 
sends Winthrop a unicorn's horn, which was the property of a 
certain Rlrs. Beggarly, who, in spite of her name, seems to have 
been rich in medical knowledge and possessions.^ The famous 
Thomas Bartholimus wrote a treatise on the virtues of this 
fabulous-sounding remedy, which was published in 1641, and 
republished in 1678. 

The " antimonial cup," a drinking vessel made of that metal, 
which, like our quassia-wood cups, might be filled and emptied 
in scBcula sceculorum, without exhausting its virtues, is mentioned 
by Matthew Cradock, in a letter to the elder Winthrop, but in a 
doubtful way, as it was thought, he says, to have shortened the 
days of Sir Nathaniel Riche ; and Winthrop himself, as I think, 
refers to its use, calling it simply " the cup." * An antimonial 

' Hist, of N. England, vol. ii. p. 385. Appendix. 

2 Hist. Coll. 4th Series, vol. vii. p. 156. 3 Itjd. 

* Hist, of N. England, vol. i. p. 394. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 281 

cup is included in the inventory of Samuel Seabury, who died 
1680, and is valued at five shillings.^ There is a treatise entitled 
" The Universall Remedy, or the Vertues of the Antimoniall 
Cup, By John Evans, Minister and Preacher of God's Word, 
London, 1634," in our own Society's library. 

One other special remedy deserves notice, because of native 
growth. I do not know when Culver's root, LeptandraVh-ginica 
of our National Pharmacopoeia, became noted, but Cotton 
Mather, writing in 1716 to John Winthrop, of New London, 
speaks of it as famous for the cure of consumptions, and wishes 
to get some of it, through his mediation, for Katharine, his eldest 
daughter.^ He gets it, and gives it to the " poor damsel," wiio 
is languishing, as he says, and who dies the next month,^ — all the 
sooner, I have little doubt, for this uncertain and violent drug 
with which the meddlesome pedant tormented her in that spirit 
of well-meant but restless quackery, which could touch nothing 
without making mischief, not even a quotation, and yet proved 
at length the means of bringing a great blessing to our com- 
munity, as we shall see by and by; so does Providence use our 
very vanities and infirmities for its wise purposes. 

Externally, I find the practitioners on whom I have chiefly 
relied, used the plasters of Paracelsus, of melilot, diaclujion, and 
probably diaphcenicoii, all well known to the old pharmacopoeias, 
and some of them to the modern ones, — to say nothing of 
" my yellow salve," of Governor John, the second, for the com- 
position of which we must apply to his respected descendant. 

The authors I find quoted, are Barbette's Surgery, Came- 
rarius on Gout, and Wecherus, of all whom notices may be 
found in the pages of Haller and Vanderlinden ; also. Reed's 
Surgery, and Nicholas Culpeper's Practice of Physic and 
Anatomy, the last as belonging to Samuel Seabury, chirurgeon, 
before mentioned. Nicholas Culpeper was a shrewd charlatan, 
and as impudent a varlet as ever prescribed for a colic; but 
knew very well what he was about, and badgers the College 
with great vigor. A copy of Spigelius's famous Anatomy, in 
the Boston Athenceum, has the names of Increase and Samuel 

I Thacher's Medical Biography, p. 18. 

' Matlier Papers iu Hist. Coll. 4th Series, vol. viii. p. 420. 

' Ibid, note. 



282 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

Mather written in it, and was doubtless early overhauled by the 
youthful Cotton, who refers to the great anatomist's singular 
death, among his curious stories in the " Magnalia," and quotes 
him among nearly a hundred authors whom he cites in his 
manuscript " The Angel of Bethesda." Dr. John Clark's " books 
and instruments, with several chirurgery materials in the closet,"^ 
were valued in his inventory at sixty pounds ; Dr. Matthew 
Fuller, who died in 1678, left a library valued at ten pounds ; 
and a surgeon's chest and drugs, valued at sixteen pounds.^ 

Here we leave the first century and all attempts at any 
further detailed accounts of medicine and its practitioners. It is 
necessary to show in a brief glance what had been going on in 
Europe during the latter part of that century, the first quarter of 
which had been made illustrious in the history of medical 
science, by the discovery of the circulation. 

Charles Barbeyrac, a Protestant in his religion, was a practi- 
tioner and teacher of medicine at Montpellier. His creed was 
in the way of his obtaining ottice ; but the young men followed 
his instructions with enthusiasm. Religious and scientific free- 
dom breed in and in, until it becomes hard to tell the family of 
one from that of the other. Barbeyrac threw overboard the old 
complex medical farragos of the pharmacopoeias, as his church 
had disburdened itself of the popish ceremonies. 

Among the students who followed his instructions, were two 
Englishmen : one of them, John Locke, afterwards author of an 
" Essay on the Human Understanding," three years younger 
than his teacher; the other, Thomas Sydenham, five years 
older. Both returned to England. Locke, whose medical 
knowledge is borne witness to by Sydenham, had the good 
fortune to form a correct opinion on a disease from which the 
Earl of Shaftesbury was suffering, which led to an operation 
that saved his life. Less felicitous was his experience with a 
certain ancilla culinaria virgo, — which I am afraid would in those 
days have been translated kitchen-wench, instead of lady of the 
culinary department, — who turned him off after she had got 
tired of him, and called in another practitioner.^ This helped, 

1 Thiicher's Med. Biog., p. 222. = lb., p. 18. 

3 Locke and Sydenliam, p. 124. By John Brown, M.U. Edinburgh, 1866. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 283 

perhaps, to spoil a promising doctor, and make an immortal 
metaphysician. At any rate, Lociic laid down the professional 
wig and cane, and took to other studies. 

The name of Thomas Sydenham is as distinguished in the 
history of medicine, as that of John Locke in philosophy. As 
Barbcyrac was found in opposition to the established religion, 
as Locke took the rational side against orthodox Bishop 
Stillingfleet, so Sydenham went with Parliament against 
Charles, and was never admitted a Fellow by the College of 
Physicians, which, after he was dead, placed his bust in their hall 
by the side of that of Harvey. 

What Sydenham did for medicine was briefly this : he 
studied the course of diseases carefully, and especially as 
affected by the particular season ; to patients with fever he gave 
air and cooling drinks, instead of smothering and heating them, 
with the idea of sweating out their disease ; he ordered horse- 
back exercise to consumptives ; he, like his teacher, used few 
and comparatively simple remedies ; he did not give any drug 
at all, if he thought none was needed, but let well enough alone. 
He was a sensible man, in short, who applied his common sense 
to diseases which he had studied with the best light of science 
that he could obtain. 

The influence of the reform he introduced must have been more 
or less felt in this country, but not much before the beginning 
of the eighteenth century, as his great work was not published 
until 1675, and then in Latin. I very strongly suspect that 
there was not so much to reform in the simple practice of the 
physicians of the new community, as there was in that of the 
learned big-wigs of the " College," who valued their remedies 
too much in proportion to their complexity, and the extravagant 
and fantastic ingredients which went to their making. 

During the memorable century that bred and bore the Revolu- 
tion, the medical profession gave great names to our history. 
But John Brooks belonged to the State, and Joseph Warren 
belongs to the country and mankind, and to speak of them 
would lead me beyond my limited subject. There would be 
little pleasure in dwelling on the name of Benjamin Church ; 
and as for the medical politicians, like Elisha Cooke in the early 



284 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

part of the century, or Charles Jarvis, the " bald eagle of Boston," 
in its later years, whether their practice was heroic or not, their 
patients were, for he is a bold man who trusts one that is making 
speeches and coaxing voters, to meddle with the internal politics 
of his corporeal republic. 

One great event stands out in the medical history of this 
eighteenth century ; namely, the introduction of the practice of 
inoculation for small-pox. Six epidemics of this complaint had 
visited Boston in the course of a hundred years.^ Prayers had 
been asked in the churches, for more than a hundred sick in a 
single day, and this many times. About a thousand persons had 
died in a twelvemonth, we are told, and, as we may infer, chiefly 
from this cause.^ 

In 1721, this disease, after a respite of nineteen years, again 
appeared as an epidemic. In that year it was that Cotton 
Mather, browsing, as was his wont, on all the printed fodder 
that came within reach of his ever-grinding mandibles, came upon 
an account of inoculation as pi'actised in Turkey, contained 
in the Philosophical Transactions. He spoke of it to several 
physicians, who paid little heed to his story ; for they knew his 
medical whims, and had probably been bored, as we say now- 
a-days, many of them, with listening to his " Angel of Bethesda," 
and satiated with his speculations on the Nislimatli Chajim. 

The Reverend Mather, — I use a mode of expression he often 
employed when speaking of his honored brethren, — the Rev- 
erend Mather was right this time, and the irreverent doctors who 
laughed at him were wrong. One only of their number disputes 
his claim to giving the first impulse to the practice in Boston. 
This is what that person says : — 

"The Small-Pox spread in Boston, New England, A. \1'2\, iindi the 
Reverend Di'. Cut/on Mollier, liaviiig had the use of these Communica- 
tions from Dr. William Douglass" (that is, the writer of these words) ; 
" surreptitiously, without the knowledge of his Informer, that he might 
have the honour of a New fangled notion, sets an Undaunted Operator to 
work, and in this Country about 290 were inoculated." ^ 

All this has not deprived Cotton Mather of the credit of sug- 

1 W. Douglass's Diss, concerning Inoc, p. 25. Boston, 1730. 

2 Magnalia, book i. " The Bostonian Ebenezer." 
^ Diss, concerning Inoculation, p. 2. 



TIIK MEDICAL PROFESSION IN MASSACHUSETTS. 285 

gesting, and a bold and intelligent physician of the honor of 
carrying out, the new practice. On the twenty-seventh day of 
June, 1721, Zabdiel Boylston, of Boston, inoculated his only son 
for small-pox, — the first person ever submitted to the operation 
in the New World. The story of the fierce resistance to the in- 
troduction of .the practice ; of how Boylston was mobbed, and 
Matlicr had a hand-grenade thrown in at his window; of how 
William Douglass, the Scotchman, " always positive, and some- 
times accurate," as was neatly said of him, at once depreciated 
the practice and tried to get the credit of suggesting it, and 
Lawrence Dalhonde, the Frenchman, testified to its destructive 
consequences ; of how Edmund ]\Iassey, lecturer at St. Albans, 
preached against sinfully endeavoring to alter the course of nature 
by presumptuous interposition, which he would leave to the 
atheist and the scofTer, the heathen and unbeliever, while in 
the face of his sermon, afterwards reprinted in Boston, many of 
our New-England clergy stood up boldly in defence of the prac- 
tice, — all this has been told so well and so often that I spare you 
its details. Set this good hint of Cotton Mather against that 
letter of his to John Richards, recommending the search after 
witch-marks, and the application of the water-ordeal, which means 
throw your grandmother into the water, if she has a mole on her 
arm; — if she swims, she is a witch and must be hung; if she 
sinks, the Lord have mercy on her soul ! 

Thus did America receive this great discovery, destined to 
save thousands of lives, vid Boston, from the hands of one of our 
own Massachusetts physicians. 

The year 1735 was rendered sadly memorable by the epidemic 
of the terrible disease known as " throat-distemper," and regarded 
by many as the same as our "diphtheria." Dr. Holyoke thinks 
the more general use of mercurials in inflammatory complaints 
dates from the time of their employment in this disease, in which 
they were thought to have proved specially useful.^ 

At some time in the course of this century, medical practice 
had settled down on four remedies as its chief reliance. When 
Dr. Holyoke, nearly seventy years ago, received young Mr. James 
Jackson as his student, he pointed to the labelled drawers and 
bottles all around his ofiice, — for he was his own apothecary, — 

> Memoir of Edward A. Holyoke, M.D., LL.D., p. 64. Boston, 1829. 



4\ 



286 THE MEDICAL PROFESSION IN MASSACHUSETTS. 



and said, " I seem to have here a great number and variety of 
medicines; but I may name four, which are of more importance 
than all the rest put together; namely, Mercury, Antimony, 
Opium, and Peruvian Bark." i I doubt if either of them remem- 
bered, that, nearly seventy years before that, in 1730, Dr. William 
Douglass, the disputatious Scotchman, mentioned those same four 
remedies, in tiie dedication of his quarrelsome essay on inocu- 
lation, as the most important ones in the hands of the physicians 
of his time. 

In the "Proceedings" of this Society for the year 1863 is a 
very pleasant paper by the late Dr. Ephraim Eliot, giving an 
account of the leading physicians of Boston during the last 
quarter of the last century. The names of Lloyd, Gardiner, 
Welsh, Rand, Bulfinch, Danforth, John Warren, Jeffries, are all 
famous in local history, and are commemorated in our medical 
biographies. One of them, at least, appears to have been more 
widely known, not only as one of the first aerial voyagers, but 
as an explorer in the almost equally hazardous realm of medical 
theory. Dr. John Jeffries, the first of that name, is considered by 
Broussais as a leader of medical opinion in America, and so re- 
ferred to in his famous " Examen des Doctrines M^dicales." 

Two great movements took place in this eighteenth century, 
the effect of which has been chiefly felt in our own time ; namely, 
the establishment of the Massachusetts Medical Society, and the 
founding of the Medical School of Harvard University. 

The third century of our medical history began with the intro- 
duction of the second great medical discovery of modern times, 
— of all time up to that date, I may say, — once more vid Bos- 
ton, if we count the University village as its suburb, and once 
more by one of our Massachusetts physicians. In the month of 
July, 1800, Dr. Benjamin Waterhouse, of Cambridge, submitted 
four of his own children to the new process of vaccination, — the 
first persons vaccinated, as Dr. Zabdiel Boylston's son had been 
the first person inoculated in the New World. 

A little before the first half of this century was completed, in 
the autumn of 1846, that great discovery went forth from the 
Massachusetts Genei-al Hospital, which repaid the debt of America 

1 Another Letter to a Young Physician, p. 15. 



s 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 287 

to the science of the Old World, and gave immortality to the 
place of its origin in the memory and the heart of mankind. 
The production of temporary insensibility at will — tido, cifo, 
jucundc, safely, quickly, pleasantly — is one of those triumphs over 
the infirmities of our mortal condition which change the aspect 
of life ever afterwards. Rhetoric can add nothing to its glory ; 
gratitude, and the pride permitted to human weakness, that our 
Bethlehem should have been chosen as the birthplace of this 
new embodiment of the divine mercy, are all we can yet find 
room for. 

The present century has seen the establishment of all those 
great charitable institutions for the cure of diseases of the body 
and of the mind, which our State and our city have a right to 
consider as among the chief ornaments of their civilization. 

The last century had very little to show, in our State, in the 
way of medical literature. The worthies who took care of our 
grandfatliers and great-grandfathers, like the Revolutionary 
heroes, fought (with disease) and bled (their patients) and died 
(in spite of their own remedies) ; but their names, once familiar, 
are heard only at rare intervals. Honored in their day, not unre- 
membered by a few solitary students of the past, their memories 
are going sweetly to sleep in the arms of the patient old dry- 
nurse, whose " black-drop " is the never-failing anodyne of the 
restless generations of men. Except the lively controversy on 
inoculation, and floating papers in journals, we have not much 
of value for that long period, in the shape of medical records. 

But while the trouble with the last century is to find authors 
to mention, the trouble of this would be to name all that we 
find. Of these, a very few claim unquestioned pre-eminence. 

Nathan Smith, born in Rehobotli, Mass., a graduate of 
the Medical School of our University, did a great work for the 
advancement of medicine and surgery in New England, by his 
labors as teacher and author, — greater, it is claimed by some, than 
was ever done by any other man. The two Warrens, of our 
time, each left a large and permanent record of a most extended 
surgical practice. James Jackson not only educated a whole 
generation by his lessons of wisdom, but bequeathed some of 
the most valuable results of his experience to those who came 
after him, in a series of letters singularly pleasant and kindly 



1 



288 THE MEDICAL PROFESSION IN MASSACHUSETTS. 



as well as instructive. John Ware, keen and cautious, earnest 
and deliberate, wrote the two remarkable essays which have 
identified his name, for all time, with two important diseases, 
on which he has shed new light by his original observations. 

I must do violence to the modesty of the living by referring 
to the many important contributions to medical science, by 
Dr. Jacob Bigelow, and especially to his discourse on " Self-limited 
Diseases," an address which can be read in a single hour, but 
the influence of which will be felt for a century. 

Nor would the profession forgive me if I forgot to mention 
the admirable museum of pathological anatomy, created almost 
entirely by the hands of Dr. John Barnard Swett Jackson, 
and illustrated by his own printed descriptive catalogue, 
justly spoken of by a distinguished professor in the University 
of Pennsylvania, as the most important contribution which 
had ever been made to the branch to which it relates in this 
country. 

When we look at the literature of mental disease, as seen in 
hospital reports and special treatises, we can mention the names 
of Wyman, Woodward, Brigham, Bell, and Ray, all either natives 
of Massachusetts or placed at the head of her institutions for the 
treatment of the insane. 

We have a right to claim also one who is known all over the 
civilized world as a philanthropist, to us as a townsman and a 
graduate of our own Medical School, Dr. Samuel Gridley Howe, 
the guide and benefactor of a great multitude who were born to 
a world of inward or of outward darkness. 

T cannot pass over in silence the part taken by our own phy- 
sicians in those sanitary movements which are assuming every 
year greater importance. Two diseases especially have attracted 
attention, above all others, with reference to their causes and 
prevention ; cholera, the " black death " of the nineteenth cen- 
tury, and consumption, the white plague of the North, both of 
which have been faithfully studied and reported on by physicians 
of our own State and city. The cultivation of medical and sur- 
gical specialties, which is fast becoming prevalent, is beginning 
to show its effects in the literature of the profession, which is 
every year growing richer in original observations and investiga- 
tions. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 289 

To these benefactors, who have labored for us in their peace- 
ful vocation, we must add the noble army of surgeons, who went 
with the soldiers who fought the battles of their country, sharing 
many of their dangers, not rarely falling victims to fatigue, dis- 
ease, or the deadly volleys to which they often exposed them- 
selves in the discharge of their duties. 

The pleasant biographies of the venerable Dr. Thacher, and 
the worthy and kind-hearted gleaner, Dr. Stephen W. Williams, 
who came after him, are filled with the names of men who 
served their generation well, and rest from their labors, followed 
by the blessing of those for whom they endured the toils and 
fatigues inseparable from their calling. The hard-working, 
intelligent, country physician more especially deserves the grati- 
tude of his own generation, for he rarely leaves any permanent 
record in the literature of his profession. Books are hard to 
obtain ; hospitals, which are always centres of intelligence, are 
remote ; thoroughly educated and superior men are separated by 
wide intervals; and long rides, though favorable to reflection, take 
up much of the time which might otherwise be given to the 
labors of the study. So it is that men of ability and vast experi- 
ence, like the late Dr. Twitchell, for instance, make a great and 
deserved reputation, become the oracles of large districts, and yet 
leave nothing, or next to nothing, by which their names shall be 
preserved from blank oblivion. 

One or two other facts deserve mention, as showing the readi- 
ness of our medical community to receive and adopt any impor- 
tant idea or discovery. The new science of Histology, as it is 
now called, was first brought fully before the profession of this 
country by the translation of Bichat's great work, " Anatomic 
G^n^rale," by the late Dr. George Hayward. 

The first work printed in this country on Auscultation — that 
wonderful art of discovering disease, which, as it were, puts a 
window in the breast, through which the vital organs can be seen, 
to all intents and purposes — was the maimal published anony- 
mously by " A Member of the Massachusetts Medical Society." 

We are now in some slight measure prepared to weigh the 
record of the medical profession in Massachusetts, and pass our 
judgment upon it. But in order to do justice to the first genera- 

19 



290 THE MEDICAL PROFESSION IN MASSACHUSETTS, 

tion of practitioners, we must compare what we know of their 
treatment of disease with the state of the art in England, and 
the superstitions which they saw all around them in other depart- 
ments of knowledge or belief. 

English medical literature must have been at a pretty low ebb 
when Sydenham recommended Don Quixote to Sir Richard 
Blackmore for professional reading. The College Pharmaco- 
poeia was loaded with the most absurd compound mixtures, one 
of the most complex of which (the same which the Reverend Mr. 
Harward, " Lecturer at the Royal Chappel in Boston " tried to 
simplify) was not dropped until the year 1801. Sir Kenelm 
Digby was playing his fantastic tricks with the Sympathetic 
•powder, and teaching Governor Winthrop, the second, how to 
cure fever and ague, which some may like to know. Pare the 
patient's nails ; put the parings in a little bag, and hang the bag 
round the neck of a live eel, and put him in a tub of water. The 
eel will die, and the patient will recover.^ 

Wiseman, the great surgeon, was discoursing eloquently on 
the efficacy of the royal touch in scrofula.^ The founder of the 
Ashmolean Museum at Oxford, consorting with alchemists and 
astrologers, was treasuring the manuscripts of the late pious 
Dr. Richard Napier, in which certain letters (R Ris) were 
understood to mean Responsum Raphaelis, — the answer of the 
angel Raphael to the good man's medical questions.^ The 
illustrious Robert Boyle was making his collection of choice and 
safe remedies, including the sole of an old shoe,* the thigh bone 
of a hanged man,^ and things far worse than these, as articles of 
his materia medica. Dr. Stafford, whose paper of directions 
to his " friend, Mr. Wintrop," I cited, was probably a man 
of standing in London; yet toad-powder was his sovereign 
remedy. 

See what was the state of belief in other matters among the 
most intelligent persons of the colonies, — magistrates and 
clergymen. Jonathan Brewster, son of the church-elder, writes 



1 Hist. Coll. 3d Series, toI. x. 

2 Several Chirurgicall Treatises, p. 245. Loudon, 1676. 

' Turner (William), Remarkable Providences, parti, chap. 2. Also referred to in 
Mather's MS. " The Angel of Bethesda." 

* Medicinal Experiments, p. 106. 6th edition. London, 1712. ' lb., p. 106. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 291 

the wildest letters to John Winthrop about alchemy, — mad for 
making gold as the Lynn rock-borers are for finding it.^ 

Remember the theology and the diabology of the time. Mr. 
Cotton's Theocracy was a royal government, with the King of 
kings as its nominal head, but with an upper chamber of saints, 
and a tremendous opposition in the lower house ; the leader of 
which may have been equalled, but cannot have been surpassed 
by any of our earth-born politicians. The demons were prowl- 
ing round the houses every night, as the foxes were sneaking 
about the hen-roosts. The men of Gloucester fired whole flasks 
of gunpowder at devils disguised as Indians and Frenchmen.^ 

How deeply the notion of miraculous interference with the 
course of nature was rooted, is shown by the tenacity of the 
superstition about earthquakes. We can hardly believe that 
our Professor Winthrop, father of the old judge and the 
" squire," whom many of us Cambridge people remember so 
well, had to defend himself against the learned and excellent Dr. 
Prince, of the Old South Church, for discussing their phenom- 
ena as if they belonged to the province of natural science.^ 

Not for the sake of degrading the aspect of the noble men 
who founded our State, do I refer to their idle beliefs and painful 
delusions, but to show against what influences the common 
sense of the medical profession had to assert itself. 

Think, then, of the blazing stars, that shook their horrid hair 
in the sky ; the phantom ship, that brought its message direct 
from the other world ; * the story of the mouse and the snake at 
Watertown ; ^ of the mice and the prayer-book ; ^ of the snake 
in church ;^ of the calf with two heads;* and of the cabbage 
"in the perfect form of a cutlash,"^ — all which innocent oc- 
currences were accepted or feared as alarming portents. 

We can smile at these: but we cannot smile at the account 
of unhappy Mary Dyer's malformed offspring ; ^^ or of Mrs. 

1 Hist. Coll. 4th Series, vol. vii. pp. 72, 77. 
' Magiialia, book vii. art. 18. 
' Two Lectures on Comets, p. vii. Boston, 1811. 
* Magnalia, book i. chap. 6. Winthrop, Hist, of N. B., vol. ii. p. 828. 
' Life and Letters of John Winthrop, p. 108. 
« Winthrop, Hist, of N. E., vol. U. p. 20. 
^ lb., vol. ii. p. 330. 

8 Mather Papers in Hist. See. Coll. 4th Series, vol. viii. p. 614. ' Ibid, 

w Winthrop, Hist, of N. E., vol. i. p. 261. 



292 THE MEDICAL PROFESSION IN MASSACHUSETTS. 



II 



Hutchinson's domestic misfortune of similar character,^ in the 
story of which the physician, Dr. John Clark of Rhode Island, 
alone appears to advantage ; or as we read the Rev. Samuel 
Willard's fifteen alarming pages about an unfortunate young 
woman suffering with hysteria.^ Or go a little deeper into 
tragedy, and see poor Dorothy Talby, mad as Ophelia, first 
admonished, then whipped ; at last, taking her own little 
daughter's life ; put on trial, and standing mute, threatened to 
be pressed to death, confessing, sentenced, praying to be be- 
headed ; and none the less pitilessly swung from the fatal 
ladder.^ 

The cooper's crazy wife — crazy in the belief that she has 
committed the unpardonable sin — tries to drown her child, to 
save it from misery ; and the poor lunatic, who would be 
tenderly cared for to-day in a quiet asylum, is judged to be 
acting under the instigation of Satan himself.* Yet, after all, 
what can we say, who put Bunyan's Pilgrim's Progress, full of 
nightmare dreams of horror, into all our children's hands ; a 
story in which the awful image of the man in the cage might 
well turn the nursery where it is read into a madhouse? 

The miserable delusion of witchcraft illustrates, in a still more 
impressive way, the false ideas which governed the supposed 
relation of men with the spiritual world. I have no doubt 
many physicians shared in these superstitions. Mr. Upham says 
they — that is, some of them — were in the habit of attributing 
their want of success to the fact, that an " evil hand " was on 
their patient.^ The temptation was strong, no doubt, when 
magistrates and ministers and all that followed their lead were 
contented with such an explanation. But how was it in Salem, 
according to Mr. Upham's own statement ? Dr. John Swinner- 
ton was, he says, for many years the principal physician of 
Salem.® And he says, also, " The Swinnerton family were all 
along opposed to Mr. Parris, and kept remarkably clear from 
the witchcraft delusion."^ Dr. John Swinnerton — the same, by 
the way, whose memory is illuminated by a ray from the genius 

1 Winthrop, Hist, of N. E., p. 271. 

* Case of Elizabeth Knapp, Hist. Coll. 4th Series, vol. viii. p. 555. 

» Winthrop, Hist, of N. E., vol. i. p. 279. ■• lb., vol. ii. p. 65. 

» Salem Witchcraft, vol. ii. p. 361. Boston, 1867. 

« lb., vol. i. p. 140. 1 lb., vol. ii. p. 495 (Supplement). 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 293 

of Hawthorne — died the very year before the great witchcraft 
explosion took place. But who can doubt that it was from him 
that the family had learned to despise and to resist the base 
superstition ; or that Bridget Bishop, whose house he rented, as 
Mr. Upham tells me, the first person hanged in the time of the 
delusion, would have found an efficient protector in her tenant, 
had he been living, to head the opposition of his family to the 
misguided clergymen and magistrates ? 

I cannot doubt that our early physicians brought with them 
many Old- World medical superstitions, and I have no question 
that they were more or less involved in the prevailing errors of 
the community in which they lived. But, on the whole, their 
record is a clean one, so far as we can get at it ; and where it is 
questionable, we must remember, that there must have been 
many little-educated persons among them; and that all must 
have felt, to some extent, the influence of those sincere and 
devoted but unsafe men, the physic-practising clergymen, who 
often used spiritual means as a substitute for temporal ones, 
who looked upon a hysteric patient as possessed by the devil,^ 
and treated a fractured skull by prayers and plasters, following 
the advice of a ruling elder in opposition to the unanimous 
opinion of seven surgeons.^ 

To what results the union of the two professions was liable to 
lead, may be seen by the example of a learned and famous per- 
son, who has left on record the product of his labors in the 
double capacity of clergyman and physician. 

I have had the privilege of examining a manuscript of Cotton 
Mather's relating to medicine, by the kindness of the librarian of 
the American Antiquarian Society, to which society it belongs. A 
brief notice of this curious document may prove not uninteresting. 

It is entitled " The Angel of Bethesda : an Essay upon the 
Common 3Ialadies of Mankind, offering, first, the sentiments of 
Piety," &e., &c., and " a collection of plain but potent and 
Approved Remedies for the Maladies." There are sixty-six 
" Capsula's," as he calls them, or chapters, in his table of con- 
tents; of which, five — from the fifteenth to the nineteenth, 
inclusive — are missing. This is a most unfortunate loss, as the 
eighteenth capsula treated of agues, and we could have learned 

1 Ante, p. 292. 2 Winthrop's History, vol. U. p. 203. The cliild recovered. 



294 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

from it something of their degree of frequency in this part of 
New England. There is no date to the manuscript; which, 
however, refers to a case observed Nov. 14, 1724. 

The divine takes precedence of the physician in this extraor- 
dinary production. He begins by preaching a sermon at his 
unfortunate patient. Having thrown him into a cold sweat by 
his spiritual sudorific, he attacks him with his material remedies, 
which are often quite as unpalatable. The simple and cleanly 
practice of Sydenham, with whose works he was acquainted, 
seems to have been thrown away upon him. Every thing he 
could find mentioned in the seventy or eighty authors he cites, 
all that the old women of both sexes had ever told him of, gets 
into his text, or squeezes itself into his margin. 

Evolving disease out of sin, he hates it, one would say, as he 
hates its cause, and would drive it out of the body with all 
noisome appliances. " Sickness is in Fact Flagellum Dei pro 
peccatis mundi." So saying, he encourages the young mother 
whose babe is wasting away upon her breast with these reflec- 
tions : — 

" Think ; oh the grievous Effects of Sin ! This wretched Infant has 
not arrived unto years of sense enough, to sin after the similitude of the 
transgression committed by Adam. Nevertheless the Transgression of 
Adam, who had all mankind Fcederally, yea, Naturally, in him, has 
involved this Infant in the guilt of it. And the poison of the old serpent, 
which infected Adam when he fell into his Transgression, by hearkening 
to the Tempter, has corrupted all mankind, and is a seed unto such diseases 
as this Infant is now laboring under. Lord, what are we, and what are 
our children, but a Generation of Vipers ? " 

Many of his remedies are at least harmless, but his pedantry 
and utter want of judgment betray themselves everywhere. He 
piles his prescriptions one upon another, without the least dis- 
crimination. He is run away with by all sorts of fancies and 
superstitions. He prescribes euphrasia, eyebright, for disease 
of the eyes; appealing confidently to the strange old doctrine of 
signatures, which inferred its use from the resemblance of its 
flower to the organ of vision. For the scattering of wens, " the 
efficacy of a Dead Hand has been out of measure wonderful." 
But when he once comes to the odious class of remedies, he revels 
in them like a scarabeus. This allusion will bring us quite near 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 295 

enough to the inconceivable abominations with which he pro- 
posed to outrage the sinful stomachs of the unhappy confederates 
and accomplices of Adam. 

It is well that the treatise was never printed, yet there are 
passages in it worth preserving. He speaks of some remedies 
which have since become more universally known : — 

" Among the plants of our soyl, Sir William Temple singles out Five 
[Six] as being of the greatest virtue and most friendly to health : and his 
favorite plants, Sage, Rue, Saffron, Alehoof, Garlick, and Elder." 

" But these Five [Six] plants may admitt of some competitors. The 
Quinquina — How celebrated : Immoderately, Hyperbolically cele- 
brated ! " 

Of Ipecacuanha, he says, — 

"This is now in its reign ; the most fashionable vomit." 

" I am not sorry that antimonial emetics begin to be disused." 

He quotes " Mr. Lock " as recommending red poppy-water 
and abstinence from flesh as often useful in children's diseases. 

One of his " Capsula's " is devoted to the animalcular origin 
of diseases, at the end of which he says, speaking of remedies for 
this supposed source of our distempers : — 

"Mercury we know thee : But we are afraid thou wilt kill us too, if we 
employ thee to kill them that kill us. 

" And yett, for the cleansing of the small Blood Vessels, and making 
way for the free circulation of the Blood and Lymph — there is nothing 
like Mercurial Deobstruents." 

From this we learn that mercury was already in common use, 
and the subject of the same popular prejudice as in our own 
time. 

His poetical turn shows itself here and there : — 

" Nightingale, with a Thorn at thy Breast ; Under the trouble of a 
Cough, what can be more proper than such thoughts as these ? " . . . 

If there is pathos in this, there is bathos in his apostrophe to 
the millipede, beginning "Poor sowbug!"and eulogizing the 
healing virtues of that odious little beast ; of which he tells 
us to take " half a pound, putt 'em alive into a quart or two of 
wine," with saffron and other drugs, and take two ounces twice 
a day. 



^\ 



296 THE MEDICAL PROFESSION IN MASSACHUSETTS. 



The " Capsula " entitled " Nishmath Chajim," was printed in 
1722, at New London, and is in the possession of our own 
Society. He means, by these words, something like the Archaeus 
of Van Helmont, of which he discourses in a style wonderfully 
resembling that of Mr. Jenkinson, in the " Vicar of Wakefield." 

" Many of the Ancients thought there was much of a Real History in 
the Parable, and their Opinion was that there is, Diaphora kata tas 
MoRPHAS, A Dhiinctioii (and so a Resemblance) of men as to their 
Shapes after Death." 

And so on, with Irenaeus, Tertullian, Thespesius, and " the Ta 
Tone Pseucone cromata," in the place of ^^ Sanconiaifion, Manetho, 
Berosus,'' and " Anarclion ara Jcai ateleutaion to pan." 

One other passage deserves notice, as it relates to the single 
medical suggestion which does honor to Cotton Mather's memory. 
It does not appear that he availed himself of the information 
which he says he obtained from his slave, for such I suppose he 
was. 

In his appendix to " Variolee Triumphatae," he says, — 

" There has been a xoonderful ■practice lately used in several parts of 
the world, which indeed is not yet become common in our nation. 

" I was first informed of it by a Garamantee servant of my own, long 
before I knew that any Europeans or Asialiclcs had the least acquaintance 
with it, and some years before I was enriched with the communications of 
the learned Foreigners, whose accounts I found agreeing with what I 
received of my servant, when he shewed me the Scar of the Wound made 
for the operation ; and said, That no person ever died of the small-pox, in 
their countrey, that had the courage to use it. 

" I have since met with a considerable Number of these Africans, who 
all agree in one story ; That in their countrey grandy-many dy of the 
small-pox : But now they learn this way : people take juice of small-pox 
and cutty-shin and put in a Drop ; then by 'nd by a little sicky, sicky : then 
very few little things like small-pox ; and nobody dy of it ; and nobody 
have small-pox any more. Thus, in Africa, where the poor creatures dy 
of the small-pox like Rotten Sheep, a merciful God has taught them an 
Infallible preservative. 'Tis a common practice, and is attended with a 
constant success." 

What has come down to us of the first century of medical prac- 
tice, in the hands of Winthrop and Oliver, is comparatively simple 
and reasonable. I suspect that the conditions of rude, stern life, 
in which the colonists found themselves in the wilderness, took the 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 297 

nonsense out of them, as the exigencies of a campaign did out 
of our physicians and surgeons in the late war. Good food and 
enough of it, pure air and water, cleanliness, good attendance, 
an anajsthetic, an opiate, a stimulant, quinine, and two or three 
common drugs, proved to be the marrow of medical treatment; 
and the fopperies of the pharmacopoeia went the way of em- 
broidered shirts and white kid gloves and malacca joints, in their 
time of need. " Good wine is the best cordiall for her," said 
Governor John, Junior, to Samuel Synionds, speaking of that 
gentleman's wife, — just as Sydenham, instead of physic, once 
ordered a roast chicken and a pint of canary for his patient in 
male hysterics. 

But the profession of medicine never could reach its full de- 
velopment until it became entirely separated from that of divinity. 
The spiritual guide, the consoler in affliction, the confessor who 
is admitted into the secrets of our souls, has his own noble sphere 
of duties ; but the healer of men must confine himself solely to 
the revelations of God in nature, as he sees their miracles with 
his own eyes. No doctrine of prayer or special providence is 
to be his excuse for not looking straight at secondary causes, and 
acting, exactly so far as experience justifies him, as if he were 
himself the divine agent Avhich antiquity fabled him to be. 
While pious men were praying — humbly, sincerely, rightly, ac- 
cording to their knowledge — over the endless succession of little 
children dying of spasms in the great Dublin Hospital, a saga- 
cious physician knocked some holes in the walls of the ward, let 
God's blessed air in on the little creatures, and so had already 
saved in that single hospital, as it was soberly calculated thirty 
years ago, more than sixteen thousand lives of these infant heirs 
of immortality.^ 

Let it be, if you wiU, that the wise inspiration of the physician 
was granted in virtue of the clergyman's supplications. Still, 
the habit of dealing with things seen, generates another kind of 
knowledge, and another way of thought, from that of dealing with 
things unseen ; which knowledge and way of thought are special 
means granted by Providence, and to be thankfully accepted. 

The mediaeval ecclesiastics expressed a great truth in that say- 

1 Collins's Midwifery, p. 312. Published by order of the Massachusetts Medical 
Society. Boston, 1841. 



298 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

ing, so often quoted, as carrying a reproach with it : " Ubi tres 
medici, duo athei," — " Where there are three physicians, there 
are two atheists." 

It was true then, it is true to-day, that the physician very com- 
monly, if not very generally, denies and repudiates the deity of 
ecclesiastical commerce. The Being whom Ambroise Pare meant 
when he spoke those memorable words, which you may read 
over the professor's chair in the French School of Medicine, — 
" Je le pensay, et Dieu le guarit" — "I dressed his wound, and 
God healed it," — is a different being from the God that scholastic 
theologians have projected from their consciousness, or shaped 
even from the sacred pages which have proved so plastic in their 
hands. He is a God who never leaves himself without witness, 
who repenteth him of the evil, who never allows a disease or an 
injury, compatible with the enjoyment of life, to take its course 
without establishing an effort, — limited by certain fixed conditions, 
it is true, but an effort, always, to restore the broken body or the 
shattered mind. In the perpetual presence of this great Healing 
Agent, who stays the bleeding of wounds, who knits the fractured 
bone, who expels the splinter by a gentle natural process, who 
walls in the inflammation that might involve the vital organs, 
who draws a cordon to separate the dead part from the living, 
who sends his three natural anesthetics to the overtasked frame 
in due order, according to its need, — sleep, fainting, death ; in 
this perpetual presence, it is doubtless hard for the physician to 
realize the theological fact of a vast and permanent sphere of the 
universe, where no organ finds itself in its natural medium, where 
no wound heals kindly, where the executive has abrogated the 
pardoning power, and mercy forgets its errand; where the om- 
nipotent is unfelt save in malignant agencies, and the omnipresent 
is unseen and unrepresented ; hard to accept the God of Dante's 
Inferno, and of Bunyan's caged lunatic. If this is atheism, call 
three, instead of two of the trio, atheists, and it will probably 
come nearer the truth. 

I am not disposed to deny the occasional injurious effect of 
the materializing inffuences to which the physician is subjected. 
A spiritual guild is absolutely necessary to keep him, to keep us 
all, from becoming the " fingering slaves" that Wordsworth treats 
with such shrivelling scorn. But it is well that the two callings 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 299 

have been separated, and it is fitting that they remain apart. In 
settUng the affairs of the late concern, I am afraid our good 
friends remain a little in our debt. We lent them our physician 
Michael Servetus in fair condition, and they returned him so 
damaged by fire, as to be quite useless for our purposes. Their 
Reverend Samuel Willard wrote us a not overwise report of a case 
of hysteria ; and our Jean Astruc gave them (if we may trust Dr. 
Smith's Dictionary of the Bible) the first discerning criticism on 
the authorship of the Pentateuch. Our John Locke enlightened 
them with his letters concerning toleration ; and their Cotton 
Mather obscured our twilight with his Nishmath Chajim. 

Yet we must remember that the name of Basil Valentine, the 
monk, is associated with whatever good and harm we can ascribe 
to antimony ; and that the most remarkable of our specifics long 
bore the name of " Jesuit's Bark," from an old legend connected 
with its introduction. " Frere Jacques," who taught the lithot- 
omists of Paris, owes his ecclesiastical title to courtesy, as he did 
not belong to a religious order. 

Medical science, and especially the study of mental disease, 
is destined, I believe, to react to much greater advantage on 
the theology of the future than theology has acted on medicine 
in the past. The liberal spirit very generally prevailing in both 
professions, and the good understanding between their most en- 
lightened members, promise well for the future of both in a 
community which holds every point of human belief, every in- 
stitution in human hands, and every word written in a human 
dialect, open to free discussion to-day, to-morrow, and to the end 
of time. Whether the world at large will ever be cured of 
trusting to specifics as a substitute for observing the laws of 
health, and to mechanical or intellectual formulae as a substitute 
for character, may admit of question. Quackery and idolatry 
are all but immortal. 

We can find most of the old beliefs alive amongst us to-day, 
only having changed their dresses and the social spheres in which 
they thrive. We think the quarrels of Galenists and chemists 
belong to the past, forgetting that Thomsonism has its numerous 
apostles in our community ; that it is common to see remedies 
vaunted as purely vegetable, and that the prejudice against "min- 
eral poisons," especially mercury, is as strong in many quarters 



300 THE MEDICAL PROFESSION IN MASSACHUSETTS. 

now as it was at the beginning of the seventeenth century. 
Names are only air, and blow away with a change of wind ; but 
beliefs are rooted in human wants and weakness, and die hard. 
The oalvs of Dodona are prostrate, and the shrine of Delphi is des- 
olate; but the Pythoness and the Sibyl may be consulted in 
Lowell Street for a very moderate compensation. Nostradamus 
and Lilly seem impossible in our time; but we have seen the 
advertisements of an astrologer in our Boston papers year after 
year, which seems to imply that he found believers and patrons. 
You smiled when I related Sir Kenelm Digby's prescription with 
the live eel in it; but if each of you were to empty his or her pocket, 
would there not roll out a horse-chestnut from more than one of 
them, carried about as a cure for rheumatism ? The brazen 
head of Roger Bacon is mute ; but is not " Planchette " uttering 
her responses in a hundred houses of this city ? We think of 
palmistry or chiromancy as belonging to the days of Albertus 
Magnus, or, if existing in our time, as given over to the gypsies ; 
but a very distinguished person has recently shown me the line 
of life, and the line of fortune, on the palm of his hand, with a 
seeming confidence in the sanguine predictions of his career 
which had been drawn from them. What shall we say of the 
plausible and well-dressed charlatans of our own time, who 
trade in false pretences, like Nicholas Knapp of old, but without 
any fear of being fined or whipped; or of the many follies 
and inanities, imposing on the credulous part of the community, 
each of them gaping with eager, open mouth for a gratuitous 
advertisement by the mention of its foolish name in any respect- 
able connection ? 

I turn from this less pleasing aspect of the common intelli- 
gence which renders such follies possible, to close the honorable 
record of the medical profession in this our ancient Common- 
wealth. 

We have seen it in the first century divided among clergymen, 
magistrates, and regular practitioners ; yet, on the whole, for the 
time, and under the circumstances, respectable, except where it in- 
voked supernatural agencies to account for natural phenomena. 

In the second century it simplified its practice, educated many 
intelligent practitioners, and began the work of organizing for 
concerted action, and for medical teaching. 



THE MEDICAL PROFESSION IN MASSACHUSETTS. 301 

In this, our own century, it has built hospitals, perfected and 
multiplied its associations and educational institutions, enlarged 
and created museums, and challenged a place in the world of 
science by its literature. 

In reviewing the whole course of its history we read a long list 
of honored names, and a precious record written in private 
memories, in public charities, in permanent contributions to 
medical science, in generous sacrifices for the country. We can 
point to our capital as the port of entry for the New World 
of the great medical discoveries of two successive centuries, and 
we can claim for it the triumph over the most dreaded foe that 
assails the human body, — a triumph which the annals of the race 
can hardly match in three thousand years of medical history. 



EARLY RELATIONS WITH THE INDIANS. 



By SAMUEL ELIOT, LL.D. 



EARLY RELATIONS WITH THE INDIANS. 



T AST New Year's, a general of the United-States army sends 
-*— ' a despatch from the field to his commanding general, say- 
ing that the destruction of a Comanche village, on Christmas Day, 
had given the final blow to the Indian rebellion ; that the tribes 
were in mourning for their losses, the people starving, their 
dogs eaten, and no bufTalo remaining. Such is the soldier's view 
of the situation. The Indian's may be easily conceived. Could 
he read Tacitus, he would perhaps repeat the complaint of the 
British chieftain against the Romans : Vbi solitudinem faciunt, 
pacem appellant. 

If these are our relations with the Indians within our borders; 
if a nation which has mastered a continent, absorbed emigrants 
from every civilized race, and from some races not civilized, 
which has driven slavery back into the past, and thrown open 
the future to liberty, is still doomed to struggle with a handful 
of savages, we shall not expect, in turning back the pages of 
our history two centuries and more, to find the early relations 
of our forefathers with their Indian neighbors all that they 
or their descendants could desire. The Indians, now a remote 
minority, were then a hard-pressing majority of the American 
population ; the country, now ours, was then theirs ; all that long 
settlement and immemorial possession can confer in the way of 
security, then inured to their advantage, as it now inures to ours ; 
and he would have been a far-seeing prophet whose eye could 
pierce beyond the clouds then lowering upon the English fron- 
tier, and predict with any degree of assurance that successive 
suns would ever dispel them. 

Of all the difficulties attending the colonization of these 

20 



306 EARLY RELATIONS WITH THE INDIANS. 

shores, all the perplexities which the colonists brought with them, 
all their uncertainties of purpose, all their conflicts of jurisdic- 
tion ; or, again, of all the dilBculties they found here, whether 
arising from the loneliness and, in a human point of view, the 
helplessness of their position, whether caused by the hardness of 
the soil, the severity of the climate, or any other privation and 
anxiety inseparable from their lot, — the difficulty of dealing wise- 
ly, religiously, and successfully with the red men was the great- 
est. Could they have solved it, they would have been more than 
mortal. That they should even have attempted to solve it, and 
that the attempt should have been to any extent successful, im- 
plies a spirit and a power on their part which we have every 
reason to hold in reverent remembrance. 

As seen from the mother country, the problem appeared com- 
paratively simple. When King James issued the patent of 
Virginia in 1606, he foresees, or pretends to foresee, that the 
enterprise in which his subjects had engaged, might hereafter tend 
to the glory of God in propagating the Christian religion to peo- 
ple as yet in darkness and ignorance. It was much easier for a 
king like James to make a prediction than to contribute to its 
fulfilment. Missionary work of any kind lay far beyond his 
sphere of action ; missionary work of such a kind as Virginia 
reqviired lay far beyond his sphere of thought. It is as hard to 
conceive of him at the head of a mission to the Indians, as to 
imagine Dominie Sampson leadingthe British charge at Waterloo. 
His son, Charles I., was a monarch of a more missionary mould. 
Whatever his faults, they did not consist in a want of sincere rev- 
erence toward God, or of an equally sincere regard for the spiritual 
welfare of his fellow-beings. Could he have risen to the height of 
the work which he might have furthered in behalf of the Indians 
here, instead of plunging into the stormy contests of prerogative 
and the fathomless agonies of civil war, his reign might have had 
a different course, and his life a different end. But the conver- 
sion of the American Indian was an even more impracticable 
undertaking for Charles than the subjection of the English free- 
man. He was content to leave it to the colonists themselves ; 
and we can find no deeper trace of his interest in the cause than 
in the words of the Massachusetts charter, where it is asserted 
that the conversion of the natives " in our Royal intention, and 



EARLY RELATIONS WITH THE INDIANS. 307 

the Adventurer's free profession is the principal end of this plan- 
tation." 

Fifteen years later, when Charles must have long since forgot- 
ten his royal intentions, or, at any rate, despaired of carrying 
them out, and at the height of the conflict between him and his 
subjects in England, in the year 1644, Master William Castell, 
parson of Courtenhall, in the County of Northampton, presents 
a petition to the " High Court of Parliament for the Propagating 
of the Gospel in America." After stating the necessity of the 
andertaking, he dwells upon the easiness of effecting it, and ex- 
plains its long delay by showing how the English have placed 
themselves too much in the skirts of the Continent, as in New 
England ; or how they have suffered from the want of " able and 
conscionable ministers," as in Virginia, where they are " more 
likely," as he thinks, " to turn heathen than to turn others to the 
Christian faith." The petition, drawn up in his name, is signed 
by Churchmen, Presbyterians, and Scotch Covenanters, for once 
united in a religious purpose, and that in the full violence of 
civil war. It was a beautiful omen ; but no omens, however 
beautiful, are enough to bring to a successful issue a labor 
depending upon action long sustained, and sacrifice unmeasured 
to the last Nor would the conversion of the Indians have fol- 
lowed as a matter of course, could the hindrances to which 
Master Castell alludes, have been removed, and the English set- 
tlers penetrating farther into the interior, or obtaining the assist- 
ance of better ministers, placed themselves in a situation where, 
according to his opinion, their success as missionaries would 
have been easy. In truth, there was no such thing as easiness 
in connection with the Indian missions, except as these were 
seen from across the seas. 

Their aspect on this side was very different. The first view 
revealed the alarming fact, that the relations between the Eng- 
lish and the Indians were not to originate in any course upon 
which the former could determine. The case was, so to speak, 
prejudged, at least to a considerable degree, by events which had 
occurred before the Pilgi-ims landed at Plymouth. As early as 
the year 1614, the master of a ship in Captain John Smith's ex- 
pedition " stayed to fit for Spain with the dried Fish ; " and, not 
content with this cargo, he took on board another, consisting of 



1 



308 EARLY RELATIONS WITH THE INDIANS. 



four-and-twenty " Poore Salvages," whom he carried to Malaga, 
and there attempted to sell into slavery. The greater part were 
rescued by some Spanish friars, who treated them as brethren, 
and taught them their faith. Some time after, and not long 
before the arrival of the " Mayflower," another English captain 
enticed a band of Indians on board his vessel, and there opened 
fire upon them, without any provocation, of which we can now 
learn. It seemed strange to the Plymouth colonists that more 
than three months should elapse aft^ their arrival, before the 
Indians appeared. As soon as any came, they told the story of 
what had been done to their countrymen, and it was then dear 
why they had been so long in coming. " By all which, it may , 
appear," says Governor Bradford, " how far these people were 
from peace, and with what danger this plantation was begun." 

Two years later, Massasoit, then on his sick-bed, revealed to 
his visitors from Plymouth the existence of a conspiracy, by 
which it was proposed to sweep away the whole line of English 
settlements on the Massachusetts shore. This arose among the 
Indians at Wessaguscus, now Weymouth, where a party of 
adventurers had landed, a few months before, and presently sunk 
so low as to deserve not only the hatred but the scorn of the 
Indians near them. " So base were they," says Governor Brad- 
ford, as to become " servants to the Indians, and would cut 
them wood and fetch them water for a cap full of corn," while 
" others fell to plain stealing both night and day." Such was the 
effect of this reckless degradation upon the savages, that they 
resolved to destroy the settlement; and to take care that no 
revenge should follow from the English at Plymouth, the Wey- 
mouth Indians urged Massasoit to join them, and to strike the 
same blow against his neighbors that they were to strike against 
theirs. In disclosing the danger, he advised his friends at Ply- 
mouth to lose no time in seizing some of the Weymouth chiefs, 
whose capture would be followed by the submission of their tribe. 
Miles Standish was thereupon despatched with a party of sol- 
diers, and, in an encounter with the Indians, seven of their num- 
ber were slain, and the remainder driven into the interior; 
while the English there were assisted to embark and leave the 
spot where they had been so near to death. It was concerning 
the seven Indians who fell in this conflict, that John Robinson 



EARLY RELATIONS WITH THE INDIANS. 309 

wrote the often-quoted words : " Oh, how happy a thing had it 
been, if you had converted some before you had killed any ! " So 
Cotton said, afterwards, to the colonists of Massachusetts Bay : 
" Offend not the poor natives ; but as you partake in their land, 
so make them partakers of your precious faith ; as you reap their 
temporals, so feed them with your spirituals." But both Robin- 
son and Cotton were where these things looked very differently 
from what they did here. 

To establish such relations with the Indians as they desired, 
was not therefore in our fathers' power. The enemy was before 
them, and after them, with his tares. It was no fault of theirs 
that the natives had been carried into slavery, or put to death 
by English sailors ; no fault of theirs that English adventurers 
should have stolen from the natives, or degraded themselves in 
the natives' eyes ; and yet they suffered as much from these sad 
incidents as if they themselves had been the aggressors. The 
dragon's teeth were sown for them, not by them, but the armed 
men were just as sure to spring up. Oh that the pure principles 
of Plymouth or of Massachusetts could have reached the Indians 
without the intervention of alien crimes! 

The circumstances upon which we have been dwelling are ex- 
ternal; there are some internal to be remarked. From the mo- 
ment that the Englishman landed upon our soil, the Indians were 
objects of apprehension ; he knew nothing of their numbers, noth- 
ing of their situation, except that they bordered close upon his 
dwelling, and might at any time descend upon it with the war- 
whoop ; he knew nothing of the country itself, of its extent, its 
divisions, or its resources ; and his ignorance, both with regard 
to the inhabitants and their territory, must have made him feel 
as if they were very strong and he very weak in any human con- 
trast. One of the four-and-twenty slaves taken to Spain, found 
his way back to his own land ; and he was so forgiving as to help 
the Plymouth settlers in setting their corn, taking their fish and 
procuring other supplies. The incident is very suggestive ; for 
it shows how much the English needed to make friends with the 
Indian, how much, therefore, they would be moved by selfish as 
well as unselfish considerations to live on friendly terms with 
him. A race of untold capacity for good or for evil could not 
but excite the anxiety of the New-England pioneers. 



310 EARLY RELATIONS WITH THE INDIANS. 

As time passed, and the Indians were found less formidable 
than they had at first appeared, the feeling of apprehension was 
displaced by another feeling, yet more threatening to the estab- 
lishment of serviceable relations between the two races. The 
white man began to despise the red man : he found him treacher- 
ous, irresolute, incapable of industry, unequal to the shock of 
arms, a creature of inferior energies as well as of inferior aspira- 
tions to his own. He used harsh language in speaking of him ; 
he put on a scornful manner in dealing with him; bethought 
him unworthy of the consideration which he gave to any other 
human being, and sometimes even unworthy of that which he 
gave to the brute. Daniel Gookin, for many years superinten- 
dent of the converted Indians in Massachusetts, speaks of them 
as " not many degrees above beasts." John Eliot, whose self- 
denying labors are familiar as household words, — whose life of 
sacrifice and endurance, in behalf of the truth, is like a pillar of 
fire by night amid many a dark passage of our early annals, whose 
heart knew no distinction between the Indian and the Englishman 
as followers of the Saviour, — can speak of the people for whom 
he labored unto death, " as the dregs of mankind." If men like 
Gookin and Eliot described the red men in such terms as these, 
what must the rude colonists, the men of war or of intrigue, 
have said to express the scorn with which they regarded their 
enemies or their victims among the Indians ? 

Thus while distance lent enchantment to the view of the 
American tribes, roaming in a sort of heroic simplicity through 
their native forests, and only waiting for a missionary to speak 
the word that should give them the Christian faith, nearness 
excited very different emotions ; and the colonists passed from 
apprehension to contempt, and perhaps back again, in states of 
mind which boded any thing but good to the Indians. The 
hills we see in the distance, soft with haze and responsive to 
every passing shadow, are not more unlike the hills we climb 
with panting breast and weary foot, than were the natives 
of this soil, as seen from across the ocean, objects of ten- 
der sympathy and promise; but as seen on the soil itself, 
objects of terror and abhorrence. It is not strange that a 
Martha's Vineyard sagamore should have told the Missionary 
Mayhew, in the year 1646, " He wondered the English should 



EARLY RELATIONS WITH THE INDIANS. 311 

be almost thirty years in the country, and the Indians fools 
still." 

To make them wise, the first requisite was a willinirncss to 
teach them ; and this, as we have seen, could not come without 
an effort. To convert the Indians, the English needed to con- 
vert themselves. But to turn one's own heart, is a far harder 
thing than to turn, or try to turn, another's; and so many of the 
colonists found it, in endeavoring to form any satisfactory rela- 
tions between themselves and the Indians. " Those that labor 
in this harvest," says Daniel Gookin, " are first to endeavor to 
learn perfectly that first lesson in Christ's school, — I mean self- 
denial." 

The teacher being ready, the next requisite was a proper 
mode of teaching. This, too, was no light thing to hit upon. 
For such instruction as the American savage required, the Eng- 
lishman had never received a training, nor did he now see 
plainly where to seek it. Even the Bible, on which he leaned 
for support in all other emergencies, seemed to fail him in this, 
particularly if he turned to the Old Testament, as was the 
Puritan's wont, for any historical precedent. 

" Like some watcher of the skies. 
When a new planet swims into his ken," 

the colonist found himself in presence of a race whose peculi- 
arities demanded peculiar, and in many respects original, treat- 
ment. 

The earliest experiment was made, in a treaty between the 
Plymouth colony and Massasoit, in March, 1621. It was so far 
successful as to last for upwards of half a century ; a long 
duration for treaties of that period, even between European 
States. But the experiment was not at all comprehensive. It 
aimed at benefiting the English rather than the Indians, for 
whose conversion or civilization it contained no provision. 

From the treaty of 1621, we follow a gradual advance in the 
methods of dealing with the Indians, till we reach the legislation 
of Massachusetts, in 1646. On the 4th of November, in that 
year, a series, it might almost be called a code, of laws in rela- 
tion to the natives, was adopted by the General Court. Among 
its provisions, is one assigning " parcels of lands," in order to 



312 EARLY RELATIONS WITH THE INDIANS. 

encourage the natives " to live in an orderly way." Another 
enjoins that " those necessary and wholesome laws, which may 
be made to reduce them to civility of life, shall be once in the 
year (if times be safe) made known to them." After these 
enactments looking to their civilization, another follows, ordering 
that two ministers should be sent " to make known the Heavenly 
council of God among the Indians." 

We have here a plan both large and wise. It shows more 
than legislative wisdom in the twofold purpose which it era- 
braces. The social element had the first place, as was fit. In 
all ages of Christianity, its missionaries have felt the necessity of 
changing the outward, as well as the inward, life of their con- 
verts. For this the mediaeval monks made their monasteries the 
schools of industry, as well as faith ; for this the modern ex- 
plorers, like Livingstone in Africa, insist that new occupations, 
as well as new doctrines, are essential to reclaim the heathen. 
" I confess," said John Eliot of his Indians, " I think no great 
good will be done till they be more civilized." Grave obstacles, 
too grave to be surmounted wholly, presented themselves at 
every turn. What the Englishman most liked, — his house, his 
farm, his trade, his studies, — the Indian seemed most to dislike. 
Governor Winthrop tells us, in his journal, of a question put by 
an Indian to " an honest, plain Englishman," concerning the 
first beginnings, or principles, of a commonwealth. The answer 
came after some thought, that the first principle was salt to pre- 
serve flesh or fish for use in time of need ; the second, iron to cut 
down trees, build houses, and till the land ; the third, ships to 
carry away what can be spared, and bring back what is needed. 
" Alas ! " said the Indian, " then I fear we shall never be a com- 
monwealth, for we can neither make salt, iron, or ships." Chief 
obstacle of all was the tribal organization : to do away with it, 
supposing that possible, was to rouse hostility ; to leave it un- 
touched, was to insure the continuance of barbarism. Eliot 
describes a collision between himself and the Sachem Cutshamo- 
quin, of Dorchester, who remonstrated against the apostle's 
course, which, he said, all the sachems were determined to resist. 
" It pleased God," says Eliot, " to raise up my spirit, not to 
passion but to a bold resolution, telling him it was (Jod's work 
I was about, and He was with me, and I feared not him nor all 



EABLY RELATIONS WITH THE INDIANS. 313 

the sachems in the country." Notwithstanding all these dif- 
ficulties, the working plan was seen to be right. The effort to 
civilize the Indian was not relaxed ; the hope of converting him 
was not shaken. 

Indeed, there was great encouragement at the outset. The 
volume of tracts relating to the Indian missions, reprinted by the 
Historical Society, thirty odd years ago, recalls the fond hopes 
with which this work of our fathers began. The titles run, — 
" The Day-Breaking, if not the Sun-Rising, of the Gospel," " The 
Clear Sun-Shine of the Gospel," " The Glorious Progress of the 
Gospel," " The Light appearing more and more towards the Per- 
fect Day." These are but words, and yet they stand for deeds 
which move one's heart to a deep sympathy as he recalls the 
time when it was hoped that they would open the way to suc- 
cessful issues. For, as we now know too well, the sunshine was 
made only in some shady places, and the general darkness re- 
mained unbroken. 

One of the earliest converts was Hiacoomes, " a man of a 
sad and sober spirit," says his teacher, Thomas Mayhew. He 
was born about 1620, and his conversion took place in 1643; 
when, as Mayhew writes, "this work had its first rise and 
beginning." A neighboring sagamore, railing at the convert 
for his submission to the English, struck him in the face ; and 
when Hiacoomes told the story, he said : " I had one hand for 
injuries, and the other for God ; while I did receive wrong with 
the one, the other laid the greater hold on God." A few years 
afterwards, Hiacoomes lost, an infant child, at Avhose simple 
funeral there were no " black faces," no food or ornaments 
buried in the grave, no savage outcries, " but a patient resign- 
ing of it," says Mayhew, " to Him that gave it." Here evi- 
dently was a convert whose sincerity could not be questioned, nor 
could any one be more fitly employed in bringing his country- 
men to the truth. His example must have been all-availing; 
and the patient labors in which he engaged as a teacher, are 
described as having been much assisted " for his own and their 
spiritual good and advantage." This early employment of a 
native missionary is another proof of the judicious system upon 
which the work for the Indians was carried forward. He could 
reach many an ear closed to the English preacher; he could 



314 EARLY RELATIONS WITH THE INDIANS. 

overcome many a prejudice against wliicli the white men, how- 
ever earnest, were powerless. 

Among the most touching narratives from these times is that 
which Eliot gives concerning the death-bed of Wamporas, " one 
of our first and principal men." He said, that God gives us 
three mercies in this world : the first, health and strength ; the 
second, food and clothes ; the third, sickness and death. And 
when, he added, " we have had our share in the two first, why 
should we not be willing to take our part in the third ? " His 
last request to Eliot was, that the Englishmen with whom some 
of the Indian children had been placed should be strongly 
entreated to teach them " to know God." His last words 
were, " Lord, give me Jesus Christ." Instead of fleeing from 
him, as his countrymen were wont to flee from the dying, they 
flocked around him, eager to hear his counsels, and to witness 
the peace in which he died. " I think," says Eliot, " he did more 
good by his death than he could have done by his life." 

Waaubon, in whose wigwam the apostle Eliot first preached 
to the Indians, offered his eldest son to be educated by the 
English, in the hope " that he might come to know God, 
although he despaired much concerning himself." It was a part 
of the missionary scheme, from the very beginning, that the 
sons and daughters of the Indians should receive special care. 
Like the children of every class to be reclaimed at any time, 
these excited greater hopes and encouraged greater exertions 
than their fathers did. Not many years after Eliot's apostle- 
ship began, an Indian college was founded at Cambridge, as a 
department of the still infant institution there. The build- 
ing, large enough to hold twenty students, cost between three 
and four hundred pounds. One of its inmates was Joel, a son 
of Hiacoomes, who had nearly completed his academic course, 
when, returning from his home in Martha's Vineyard, he was 
wrecked on Nantucket, and murdered by the natives of that 
island. " Thus perished our young prophet Joel," says Gookin : 
" he was a good scholar and a pious man." The solitary Indian 
graduate of Harvard, Caleb Cheeshahteaumuck, died the year 
after he took his degree. Did the aboriginal Freshman suffer at 
the hands of the Puritan Sophomore ? Was there ftny em- 
phasis in the class-room on Barbarus has segetes ? Alma Mater, 



EARLY RELATIONS WITH THE INDIANS. 315 

at all events, was never more gracious or more maternal than 

in the nurture she gave to her Indian sons. If the lessons she 

taught them were of brief avail in life, they must have been a 

comfort in death. 

" The air is full of farewells to the dying, 
And mournings for the dead." 

It seems as if learning could not touch the Indian without 
inflicting a mortal wound ; as if his civilization were his ex- 
tinction, and conversion a speedy release from a world of tribu- 
lation. 

The Indian college was built by the Society for Propagating 
the Gospel in New England, established by the Long Parlia- 
ment, in 1649, at the instance chiefly of New Englanders. As 
Gookin wrote afterwards, " There is always more occasion 
to disburse than there is money to be disbursed," — a remark not 
yet without force. The English Society proved of great service ; 
its contributions came not only from the churches and the universi- 
ties, but from the army of England, and it was unwearied for 
many years in aiding both the missionaries and their converts in 
New England. The Indian college, though soon bereft of the 
students for whom it was designed, continued to serve the natives, 
as the printing-house from which text-books and versions of the 
Scriptures, in their own tongue, were issued. As early as 1649, 
Eliot wrote of his desire to translate some parts of the Bible, for 
the use of his converts, which, he says, " I look at as a sacred 
and holy work." In 1651, he writes, " I have no hope to see 
the Bible translated, much less printed, in my days." But, with 
the help of the Society for Propagating the Gospel, and in the 
college which they reared, the work went on beyond his hopes, 
and was at length completed. It was the crowning labor, not 
only of his life, but of the lives of all who labored in the same 
cause ; and the Indian Version on which their minds were em- 
ployed, and in which their hearts were interested, served as the 
messenger of peace and good-will amid all the storms of passion 
by which the country and its races were distracted. 

Such, so far as they can be described within these limits, were 
the early relations with the Indians. The results were never so 
considerable as had been anticipated, on either side of the ocean. 
About thirty years after Mayhew began his labors in Martha's 



316 EARLY RELATIONS WITH THE INDIANS. 

Vineyard, and Eliot, preached his first sermon in the neighbor- 
hood of Bo'ston, there were perhaps four thousand Praying 
Indians, so called, in Massachusetts; nearly one-half of whom 
belonged to the Vineyard and adjacent islands, rather more than 
one quarter to Eliot's churches, and the remaining quarter to 
Plymouth and other places. Mayhew writes to Gookin, in 1674, 
" The whole holds forth the face of Christianity : how sincere, I 
know not." The numbers just given show that the work had 
not been a colonial one, or it would have attained to much 
greater proportions. It was the individual rather than the com- 
munity who took an interest in the Indians ; it was only a man 
like Mayhew or Eliot who, — 

" With filial confidence inspired, 
Could lift to Heaven an unpresuinptuous eye, 
And smiling siiy, ' My Father made tliera all.' " 

Nor, on the other hand, was the work an Indian one collec- 
tively. Men like Hiacoomes and Wamporas entered into it 
with all their souls; but the great majority of their countrymen 
regarded it with indifference, if not positive aversion. The 
sketches of Christianity, as it extends among them, are all individ- 
ual, like that of Mayhew's convert who told him, " When I walk 
in the woods alone, I have much talk with God, and great 
repentance for my sins, and now I throw behind me all my 
strange gods, and my heart goes right to God in prayer." This 
was the trail of one, not all, not even many. 

The hindrances to general relations with the Indians have been 
touched upon : it remains only to account for the drawbacks to 
their conversion. We need not dwell on their accountability 
alone : they were unfit, both as savages and as heathens, to be- 
come facile or thorough converts; but were not their teachers 
unfit, in some respects, to convert them ? The Englishman was 
too much preoccupied as a settler, to be an ideal missionary : he 
was laden with cares of his own, or of the colony ; and the bur- 
den of another race was more than he could bear with ease or 
with efficiency. Nor were his missionary methods such as 
smoothed his way to the Indian. Eliot's first service, in Waau- 
bon's wigwaiB, crowded with men, women, and children, con- 
sisted of a prayer in English, a sermon of one hour and a quarter, 
and " certain questions to see what they would say to them, that 



EARLY RELATIONS WITH THE INDIANS. 317 

SO we might screw, by variety of means, something or other of 
God into them." " After three hours' time thus spent with them," 
says the missionary, " we aslied them if tiiey were not weary, 
and they answered, ' No.' " Yet the not inappropriate name then 
given to these exercises, was " heartbreakiiigs." The religious 
divisions of the teachers were another stumbling-block to their 
disciples. Mayhew's people were told, by some Quakers, that 
he was a priest of Baal. Two of Eliot's converts were taken to 
task, for his errors and theirs, by the Gorton sectaries at War- 
wick. It was difficult for the Indians to know which doctrine to 
believe, — indeed to feel that any doctrines, in such dispute, were 
worth believing at all. 

But the one great hindrance to the conversion of the red men 
was the repeated outbreak of war, drowning the Christian's voice 
in the clash of arms. That meeting-house, which the Plymouth 
people built on Burial Hill, a casemate to their fort, with the 
sign not of the cross but of the cannon, is symbolic of all the 
Indian missions. The English came hither, as Bolingbroke to 

England, — 

" To ope 
The purple testament of bleeding war ; " 

and the drops from its pages blotted out the Scriptures of Peace. 
King Philip's war, in 1675, scattered the Christian Indians as 
sheep before a pack of wolves. 

And yet the work, though broken up beyond the possibility of 
restoration, is not to be pronounced a failure. Had it saved but 
one soul ; had Hiacoomes or Joel, or others of a higher rank in 
Indian eyes, like Wamporas or Waaubon, been the only glean- 
ings, — the harvest would not have been vain. Even if it seems a 
failure, compared with the promises of the seed-time, it deserves 
to be classed with other failures, nobler than many a success ; 
nobler, because their lines of light are broader ; nobler, because 
their ideals are loftier : so that even a partial attainment of them 
is better than the perfect triumph of an inferior cause. 



THE EEGICIDES SHELTEKED m 
NEW ENGLAND. 



By rev. chandler ROBBINS, D.D. 



THE EEGICIDES SHELTEKED m 
NEW ENGLAND. 



TF it were merely that a romantic interest attaches to the story 
-■■ of the Regicides sheltered in New England — however inviting 
on that account the theme might be — it would not have been 
selected as the subject of a lecture in the course now in progress. 
• Its claim to this distinction rests rather upon the fact that it 
touches at various points the policy and the characters, the public 
and private life, of the Founders of Massachusetts. We caimot 
retouch the fading portraits of those stern puritan soldiers; we 
cannot review the stirring scenes in which they performed a prom- 
inent part; we cannot pass judgment upon their characters in 
connection with those transactions to which they owe both their 
celebrity and their sufferings ; nor can we trace them in their 
long and dreary exile, — so far as it is possible to penetrate the 
mystery in which they were enveloped, — without throwing some 
light upon the pages of our early history, — upon persons, opin- 
ions, and movements, of greater importance than that which 
attaches to those ill-starred individuals. 

And yet another reason influenced the friend to whom we are 
indebted for the arrangement of these lectures, in the selection 
and assignment of this topic. In preparing for publication in the 
Collections of the Massachusetts Historical Society a mass of 
manuscripts, originally belonging to the Mather family, and which 
afterwards formed a part of the Library of Rev. Thomas Prince, 
the Annalist of New England, I discovered that a large number 
related to the Regicides. Many of these proved to be in the hand- 
writing of William Goffe himself; consisting of letters which he 
had written and received while in seclusion. He had employed 
secret characters to conceal the names of individuals and certain 

21 



322 THE REGICIDES SHELTERED IN NEW ENGLAND. 

other particulars, in case the correspondence should be intercepted : 
but these were easily deciphered. The printing of these letters, 
which occupy nearly a hundred pages, has revived the interest 
which has always been felt in these refugees, and added a few 
particulars to the scanty information which history and tradition 
have heretofore supplied. 

Our subject requires a preliminary glance at one of the most 
interesting and eventful ]:>eriods in the history of England — I 
might say in the history of Liberty — that of the revolution which 
led to the overthrow of the British Monarchy and the establish- 
ment of a Commonwealth, in 1649. \. 

Although the conflict between Charles I. and the Com- 
mons was provoked by circumstances peculiar to the period 
itself, and aggravated by the stubborn temper of the parties 
engaged in it, its real origin is to be traced back to principles 
which had been at work in the bosom of English society centuries 
before the accession of that misguided monarch to the throne. 
Whatever variety of motives and interests may have been acces- 
sory to the strife, and whatever prejudices and passions may have 
embittered it, it was, in the main, the renewal, only with unusual 
intensity, of the old struggle between despotism and liberty. 
Whether we regard it in its political or its religious aspects, — 
for both political and religious animosities were blended in it, in 
nearly equal proportions, — the ruling principle was the same. 
The King and his party were contending for absolute power 
both in the State and in the Church ; the majority of the Par- 
liament and its supporters in the army and in the nation for 
popular rights. 

No just judgment can be formed of the character of this 
conflict without carefully distinguishing the prime cause from 
the collateral objects which became entangled with it, — the 
principles in controversy between the two great parties from the 
personal motives, exceptional designs, and incidental acts of 
the individuals and factions included in their ranks. 

In respect to the cause itself, no loyal descendant of the Pil- 
grims can hesitate to give his sympathy to the side of the Com- 
mons. The tyranny against which they were struggling was the 
scourge which had driven our Forefathers from their pleasant 
land. The political and religious reform for which the best 



THE REGICIDES SHELTERED IN NEW ENGLAND. 323 

spirits among them were striving was the very same in which the 
members of the Massachusetts Company were engaged. The 
liberal movement which was going on with such fierce throes in 
the very heart of Old England, was simultaneously at work, with 
more quiet earnestness, because less actively resisted, in these 
distant Colonies. The men who were undertaking to build up 
a Christian Commonwealth on this side of the ocean were of one 
brotherhood with those who were engaged in demolishing the 
fabric of despotism on the other. Not only were they allied by 
the closest ties of personal friendship and political and religious 
sympathy, but in many instances by actual association in the en- 
terprise that founded Massachusetts. Ten or twelve of the Mas- 
sachusetts Company, including Cradock the Governor, and Vane a 
former Governor, were members of the Long Parliament. Hamp- 
den, Pym, and Fiennes, Patentees of Connecticut, were among 
its most influential Commoners.^ SLx or seven sat in judgment 
on the King; and a long list might be added of others connected 
with the civil war — some of them representing the best blood in 
England — who were more or less directly concerned with Win- 
throp and his Colleagues. Nothing but a prohibitory order from 
the King's Council had prevented Cromwell himself, with Hamp- 
den and Pym, who had actually embarked for the purpose, from 
transferring their persons and estates to America.^ Who can 
tell what a different fate might have befallen Charles and Eng- 
land, had not tyranny, in gratifying its present malice, sharpened 
and laid up in store the weapons of its future destruction ? 

The Commons were mainly in the right. Their cause was the 
cause of liberty and justice. Many of the greatest and best 
men of the period, at home and in the Colonies, were on their 
side. The common heart of England was beating in unison with 
their purpose, so long and so far as they adhered to it with pure 

1 Archajologia Amer., vol. iii. ; Dr. Palfrey's History of N. E. 

2 This tact lias been questioned ; but it appears to ine that it is supported by suf- 
ficient authority. It is stated by Hume and several other historians. In " Crora- 
welliana," London, 1810, fol. p. 1, there is the following statement, — " In 1637, he," 
Cromwell, " had a design to remove to New England. Sir Matthew Boynton, Sir 
William Constable, Sir Arthur Haslerigg, Mr. John Hampden, and several other 
gentlemen were preparing to remove themselves with him, and were actually 
embarked for that purpose ; but were prevented by a proclamation and order of 
Council." 



1 



324 THE REGICIDES SHELTERED IN NEW ENGLAND. 

patriotism, loyalty to justice, and unmixed devotion. And this 
they did — with due allowance for human imperfection — at 
least up to the moment when the sword was actually drawn. 
Nor does the responsibility for its unsheathing rest with them. 
The fatal challenge was CTiven when the King with his armed 
retinue made his way to the Speaker's desk to enforce his de- 
mand that the five obnoxious members, with Hampden at their 
head, should be delivered up to his power. That infatuated 
act was virtually a declaration of war.^ From that hour the 
grand struggle for liberty, which had hitherto been guided by 
wise and thoughtful statesmen, and pure and ardent patriots, 
began to pass over to the army, and while acquiring new force 
became subjected to new perils. 

The elements of which that army was composed, while render- 
ing it irresistible in the field, made it all the more dangerous in 
the State. It was made up not of ordinary soldiers who take 
up arms under the pressure of poverty, or from the love of fierce 
excitement and reckless adventure; but principally of respect- 
able citizens, farmers, tradesmen, and rural gentlemen, of good 
estate and good education : not of mere human machines 
moving blindly at the beck of their commanders ; but each one a 
thinking and reflecting individual, conscious of his power, and 
jealous of his independence ; who regarded himself as a " chosen 
vessel in the hands of the Lord," specially ordained to fight his 
battles : many of them political zealots and religious enthusiasts, 
and not a few agitators, demagogues, levellers, and wild fanatics, 
breathing the ferocious spirit, and borrowing the vindictive 
language of the prophets and warriors of the Old Dispensation; 
men of austere morals, of iron will, of fiery temper, and des- 
perate courage ; a host of Titans, whom no difficulties dis- 
couraged, and no odds dismayed ; who marched into battle with 

1 The question has been often deb.aterl whether the King or the Parliament began 
the civil war. There may be room for difTerence of opinion, as to which of the 
parties actually commenced the final struggle of arms; but there can be no dispute 
as to the fact that the "deplorable excesses by which it was so fatally provoked and 
embittered," mainly originated with the party of prerogative. The cruel per- 
secutions, " imprisonments, fines, pilloryings, brandings, cutting off of ears," and 
Other sanguinary punishments for opinion's sake, began witli them. If it could be 
shown that the party of the Parliament first resorted to arms, it is clear that they 
were goaded to it beyond endurance. 



THE REGICIDES SHELTERED IN NEW ENGLAND. 325 

exultation, determined to conquer and confident of victory, and 
never failed to crush and scatter the strongest force opposed to 
them. 

Invariable success confirmed their conceit that they were the 
special favorites of Heaven. As hostile to the party of the 
Presbyterians as to that of the King, they sifted them more and 
more from their ranks as the war went on. That party, however, 
constituted the majority of the Parliament, and therefore, no 
sooner had the army broken the forces of the King than it 
directed its power against the Parliament itself. Thus, the war 
which had begun as a contest between royal usurpation and 
popular rights, ended in a struggle between Independency and 
Presbyterianism. The high and patriotic purpose for which 
Hampden and other kindred spirits had reluctantly unsheathed 
the sword was comparatively lost sight of; and the great 
national party, which had been united under their leadership 
by a common zeal for liberty and right, separated into two rival 
religious factions, contending with each other for supremacy 
with hardly less acrimony than they had together fought against 
the King. To secure his person and influence was an object 
of the first importance to both, and each resorted to intrigue to 
gain him over to their side. The Presbyterians desired a limited 
monarchy with their own particular system of church govern- 
ment; and offered to reinstate the King, if he would consent to 
its establishment as the religion of the State. The Independents 
preferred a Republic; but knew that if the King gave up 
Episcopacy, and combined with the Presbyterians, they should 
be defeated ; and for this reason the leaders of the army offered 
to replace him upon the throne, on the single condition of liberty 
of conscience, and the security of the military power in their 
hands. The Parliament attempted to destroy the influence of 
the Independents and of Cromwell, their ruling spirit, by dimin- 
ishing the army and forcing its officers to conform to the system 
of church government which they had established by an ordi- 
nance. The latter seeing that there was not a moment to be 
lost, if they would maintain their power, resolved, at a meeting 
in Cromwell's house, to seize the person of the King, and pre- 
pare to defend themselves against the votes of Parliament by 
force. The order was instantly executed ; and the army, sumr 



326 THE REGICIDES SHELTERED IN NEW ENGLAND. 

moned to a general rendezvous, not only entered into a solemn 
engagement that they " would not disband nor divide, nor suffer 
themselves to be disbanded or divided," but passed a declaratory 
resolution that " the public welfare demanded the removal from 
credit and office of the men by whose counsels the army had 
been calumniated and oppressed." 

The Parliament in alarm passed votes to pacify the army, 
which were read at the head of each regiment. The officers 
returned an evasive reply, and moved their headquarters nearer 
to the metropolis. Again Cromwell tried by every device to 
induce the King to throw himself upon the generosity of the 
army. He protested that " nothing was nearer to his heart 
than the restoration of Charles to his authority upon moderate 
and equal terms — that if he would co-operate with the Council 
of War, they would repay the obligation with interest." 

Finding that the King was unyielding, — for he was as dis- 
trustful of their sincerity, as they were sure of his duplicity, — 
Cromwell and his associates plainly saw that nothing was left to 
them but either to relinquish their power, surrender the claims 
of the soldiers, give up all for which they had been fighting, 
and subject themselves to the penalties which surely awaited 
them, into the hands of whichsoever of the hostile parties the 
government should fall ; or to resort to such desperate measures 
as would involve King, Parliament, and the Constitution itself, 
in common ruin. 

Such a conclusion certainly did not enter into their original 
plan, although there may have been some zealots who looked 
forward to it in their wild dreams, or even suggested it in their 
ravings, but was a hasty result to which they were driven by a 
series of disappointments on their own part, and a train of 
mistakes on the part of the Prelatists and Presbyterians, togetlier 
with the intense religious and political excitement to which the 
soldiers had wrought themselves up. They were not men who 
would hesitate long in such an extremity, or shrink from the path 
which necessity and Providence, as they believed, had marked 
out for them, however disastrous the consequences to which it 
might lead. 

Their course was instantly decided upon. They seized the 
person of the King, and marched the army to London. " Now 



THE REGICIDES SHELTERED IN NEW ENGLAND. 327 

that I have the King in my hand," said Cromwell, " I have the 
Parliament in my pocket." A strong guard was placed over 
the two Houses. A demand was made that all the leading 
Presbyterians, and all who had adhered to them, and all the 
members who had recently voted in favor of pacification with 
the King, should be expelled from their seats. The demand was 
enforced by violence. The purged House became the tool of 
the army, which had now usurped the civil as well as the 
military power of the nation. At the beck of these grim sol- 
diers, a small minority were compelled to resolve upon the im- 
peachment of the King, and to pass an ordinance for his trial, 
by a special tribunal, which they called a High Court of Judica- 
ture. The Lords immediately rejected the measure, with a 
declaration that no resolution of the Lower House was valid 
without their concurrence. The indignant Commoners at first 
thought of accusing all the Peers of high treason ; but instead 
of taking a step so absurd and reckless, concluded to cover their 
revolutionary design with a thin semblance of loyalty, by pass- 
ing a resolution that, " as the people were, under God, the original 
of all just power, and the Commons were their representative, 
all the enactments of the latter had the force of law without the 
concurrence of King and Peers." Having now at one blow 
virtually overturned the Constitution and seized the supreme 
power, the way was cleared of every obstacle to the execution of 
their purpose. 

The body of the people who were opposed to the tyranny of 
the army, and at heart attached to the Constitution, were the 
only quarter from which effective resistance could be appre- 
hended. But the strong arm of the military could keep them 
down, at least for a time ; and the stunning suddenness of the 
meditated blow would allow them no opportunity to rally. 
Meanwhile, the prime movers availed themselves of strange in- 
struments to confirm their own zeal and warp the minds of the 
populace to their purpose. The revelations of visionary proph- 
ets, male and female, giving assurance of the sanction of 
Heaven upon their measures, were accepted with avidity and 
diligently reported. Cromwell himself declared that when he 
was lately praying for the restoration of the King, he had been 
favored with a preternatural sign that God had rejected him. 



328 THE REGICIDES SHELTERED IN NEW ENGLAND. 

And, as " a fit prelude to the tragedy " about to be enacted, 
Hugh Peters, that wild enthusiast and crafty incendiary, was 
employed to preach to an audience of soldiers and citizens, with 
the fanatical eloquence of which he was a master. He took 
his text from the 149th Psalm, perverting the true application by 
a cunning change of the pronouns : " Bind your kings with 
chains and your nobles with fetters of iron." He compared the 
King to Barabbas, called the army the saviours of the people, 
and affirmed that there were in its ranks " five thousand saints 
not inferior to those who surround the throne of God." Then 
suddenly pausing, he closed his eyes, laid his head upon the 
cushion, and exclaimed, " I have had a revelation. The Slavery 
of the children of Israel and of the elect shall have an end by 
the extirpation of royalty in England, and in all other King- 
doms." 

On the eighth day of January, 1649, only fifty-three out of the 
one hundred and thirty-three Commissioners sat for the first 
time in the Painted Chamber in Westminster Hall, — and sixty- 
seven was the largest number present on any subsequent day. 
The twelve Judges of the realm, who were at first appointed 
members of the Commission, having given their opinion that 
trial was illegal, were afterwards set aside, together with several 
of the Peers. Many others refused to take a part. Fairfax, 
the Commander-in-Chief of the Army, never appeared. Vane 
and St. John held themselves aloof. Algernon Sidney says, — 

" I was at Penthurst when the act for the King's trial was passed, and 
coming up to town, I heard that my name was put in it. I presently 
went to the Painted Chamber where the Judges were assembled. A 
debate was raised, and I positively opposed the proceeding. Cromwell 
using these formal words, ' I tell you we will cut off his head with the 
Crown on it,' I replied, ' You may take your own course, I cannot stop 
you ; but I will keep myself clear from having any hand in this business.' 
Saying this, I immediately left them, and never returned." 

One or two others who had the courage to attempt to stay 
the proceedings were summarily put down. A few of the 
weaker minded, who had no heart for the business, were in- 
timidated into compliance. The remainder engaged in the work 
with a will : — Cromwell, who professedly, perhaps really, had 
entered upon it only after many struggles, and prayers specially 



THE REGICIDES SHELTERED IN NEW ENGLAND. 329 

answered, throwing himself into it with all his relentless resolu- 
tion and indomitable energy, and at once assuming that lead 
which in every enterprise his ambition prompted him to take, 
and his masterly powers fitted him to maintain: — others from 
a frenzied desire for a revolution which should level all pre- 
rogative, and all barriers to universal freedom: — and still others 
from a sincere and fervid conviction that they were serving 
God and their country in a holy and glorious cause. 

Before this strange and terrible tribunal — not of Judges, not 
even of members of Parliament alone, but of grim soldiers also, 
and fierce partisans selected from among the people — constituted 
not for judgment, but for condemnation — implacable hostility 
stamped upon every face — Charles I. was arraigned. 

The circumstances attending the trial are familiar to every 
reader of English history : — the charges brought against the 
King, of treason against the State, and of having been the cause 
of all the blood which had been shed, and of all the calamities 
which had afflicted the Kingdom since the commencement of 
the war, — the stern and rude manner of his treatment by 
Bradshaw, the President of the Court, — his persistent refusal, on 
three several occasions, to acknowledge the jurisdiction of the 
Court, — the insults of the mob and the clamorous demand of 
the soldiers for his execution, — the self-possession and dignity 
of his deportment, — and the final procedure of the Court, after 
an ex parte examination of a few witnesses, to pass the fatal 
sentence. 

There are, however, a few incidents of the trial, related by one 
of the Judges, which appear to have escaped the notice of his- 
torians. They are interesting, not only as showing to what 
extent the Court was under the domineering influence of Crom- 
well, but from their incidental reference to one of the three indi- 
viduals whom we shall have occasion, by and by, particularly to 
notice. They are copied here in a condensed form from a con- 
temporary " broad-side " in the archives of the Massachusetts 
Historical Society. 

When the President — after having refused to take any notice 
of the King's reiterated objection to the authority of the Court, 
and his earnest appeal to be allowed to speak to his Parliament, 
as he had " something to offer for the settlement of the nation 



330 THE REGICIDES SHELTERED IN NEW ENGLAND. 

that might be satisfactory to all " — had ordered the Clerk to read 
the sentence, John Downes, Esq. — who had been an adventurer 
to Virginia in 1620 — became so agitated, as he says, as to attract 
the notice of Cromwell, who occupied a contiguous seat, and 
who seeing him about to rise turned to him and said, " What 
ails thee, art tliou mad, canst thou not sit still and be quiet?" 
The reply was, " No, Sir, I cannot be quiet." He then stood up 
and objected to the sentence, declaring that he had reasons to 
offer against it, and desired the Court to adjourn to hear them. 
The President decided that if any judge was dissatisfied the 
Court nuist adjourn, and ordered an adjournment to the inner 
Court of Wards. As soon as they had assembled in secret ses- 
sion, Cromwell called upon Downes to give an account why he 
had brought this trouble and disturbance upon the Court. When 
he had stated his objections, Cromwell in scornful wrath charged 
him with only pretending dissatisfaction out of servility to his old 
master. 

" Surely," said he, " the gentleman doth not know tliat he has to deal with 
the hardest hearted man on earth. But, Sir, it is not the opiniou of one 
peevish, tenacious man that must sway the Court, or deter them from their 
duty in so great a business ; therefore, Sir, I pray you lose uo more time, 
but return to the Court and do your duty." 

Cromwell further whispered in his ear that he was convinced 
he " aimed at nothing but making a mutiny in the army and the 
cutting of throats." Another told him it was as much as his 
life was worth to make any disturbance ; that it was not in the 
power of man, nor of this Parliament, to save the King's life ; 
for "the whole army are resolved that if there be but any check 
or demur in giving judgment, they will immediately fall upon 
him and hew him to pieces, and the House itself will not be out 
of danger." The relater further says that he knew that " Mr. 
DixweU amongst some others were dissatisfied." ^ Without fur- 

1 An autlientication of this statement may be found in " A true Copy of tlie Jour- 
nal of the High Court of Justice for the Tryal of King Cliarles I., as it was read 
in tlie House of Commons and attested under the hand of Plielps, Clerk to tliat 
infamous Court. Taken by J. Nalson, LL.D., Jan. 4th, 1683, London, 1684 ; " in 
Fellowes's Sketches : — 

" 27th Jan. 1648. The President ordered the Court to withdraw for a time. This 
he did to prevent tlie disturbance of their scene, by one of their own members, 
Colonel John Downes, who could not stifle the reluctance of his conscience wh.cn he 



THE REGICIDES SHELTERED IN NEW ENGLAND. 331 

ther debate the Court resumed its session and proceeded to pass 
the sentence of death by beheading. This was on the 27th of 
January, 1649. On the 29th it was determined that the open 
street in front of the royal palace of Whitehall was a fit place for 
the execution, which was assigned for the following day. The 
warrant was immediately given. 

But the last and most trying duty, that of affixing their indi- 
vidual signatures to the fatal order, stiU remained. It is no 
wonder that some of them should have shrunk from its perform- 
ance. It was with difficulty the Commissioners could be got 
together for the purpose. Two or three of the most resolute took 
their station outside of the door to stop such of their colleagues 
as were passing towards the House of Commons. Cromwell 
sat within, boisterous, overbearing, and in high spirits, stimulat- 
ing and even forcing the timid and reluctant. Some who had 
agreed to the sentence kept out of the way or utterly refused to 
sign.i At last fifty-nine signatures were obtained, and the death- 
warrant was complete. 

Among the names affixed to this memorable instrument were 
those of the three individuals to a brief sketch of whose personal 
history it is high time to turn our attention. 

Edward Whalley was descended from an ancient and highly 
respectable family. His father Richard, a member of Parliament, 
Sheriff of the County of Nottingham and the proprietor of large 
estates, had married a daughter of Sir Henry Cromwell, uncle 

saw his Majesty press so earnestly for a short hearing; but declaring himself unsatis- 
fied, forced them to yield to the King's request. The Court withdraws for half an 
hour into the Court of Wards. Their business was not to consider his Majesty's 
desire, but to chide Downes, and with reproaches and threats to harden him to go 
through the remainder of their villany with them. AVhicli done they return." 

1 It is difficult to distinguish between what is true and wliat is false in the accounts 
which have been given by difi'erent narrators of Cromwell's behavior, — colored as 
they all appear to be, more or less, in accord.ance with the prejudices of the writers. 
There must, however, have been some foundation in his actual conduct for such 
stories as several highly respectable historians have credited and recorded as facts : 
for examjile, tliat after having signed himself he smeared the face of tlie reckless wag 
Henry Martin with ink, — who immediately did the same to him ; and that when his 
cousin. Colonel Ingoldshy, who had been appointed one of the Court, but never took 
his scat, came into the hall, he cried out, " This time he shall not escape," anil laugh- 
ing, seized hold of him, put the pen into his liand, and with the aid of one or two 
others forced liim to sign. 



1 



332 THE REGICIDES SHELTERED IN NEW ENGLAND. 



to Oliver. The son was bred a merchant, but at the breaking out 
of the civil war, under the influence of his religious convictions, 
more than for any other reason, took up arms on the side of the 
Parliament, in opposition to the sentiments of his nearest relations. 
Ho distinguished himself as a soldier in many sieges and battles. 
At the battle of Naseby, in 1645, he charged and defeated two 
divisions of Horse, though supported by Prince Rupert who com- 
manded the reserve: for which brilliant action the Parliament 
voted liiui a commission as Colonel of Horse. On the 9th of 
May of the following year, he received for his valiant service in 
taking Banbury by storm one hundred pounds to purchase two 
horses. He behaved soon after with great gallantry in the attack 
on the city of Worcester, which surrendered to him on the 23d 
of July. In 1647 the Commons granted him one of the manors 
of the Marquis, afterwards Duke, of Newcastle. 

He enjoyed the full confidence of his cousin Cromwell, who 
appears to have had great influence over him, and while com- 
mitting to him important trusts and conferring upon him high 
oilices, to iiave sometimes used him, perhaps more than Whalley 
himself was aware, as a tool of his crafty policy. 

He committed to his custody the person of the King during 
his confinement at Hampton Court. Of the manner in which 
he discharged the duties of this office, conflicting accounts are 
given, according as the prejudices of the writers who have re- 
ferred to it lean to the side of the royalists or the army. The 
former charge him with coarseness and undue severity. But a 
letter subsequently addressed to him by the King is his suflicient 
exculpation. And yet he did not always avoid giving ofl'ence 
under circumstances so conducive to irritation. Clarendon tells 
us that, on one occasion, when Captain Sayers waited upon his 
Majesty to give back to him the ensigns of the Order of the 
Garter, which had belonged to the late Prince of Orange, and 
the two were walking forward and backward together, the sus- 
picions of Whalley were aroused to such a degree that he 
stepped forward to interfere ; whereupon the exasperated monarch 
pushed him away and indignantly raised his cane as if to chas- 
tise him for the affront. 

It has always been supposed that the escape of the King 
from Hampton Court was not effected without the connivance 



THE REGICIDES SHELTERED IN NEW ENGLAND. 333 

of his guardian, who induced him to make the attempt by alarm- 
ing him with the stories of a design to take his life. It is 
certain that on the very day of his flight Whalley read to him a 
letter which he said had been secretly delivered to him, intimat- 
ing that the agitators in the army had formed a design to sur- 
prise and assassinate him. The authorship of the letter has 
been generally attributed to Cromwell, who is supposed to have 
written it for the purpose of working upon the fears of the 
King in order to induce him voluntarily to take a step which 
would remove him out of the custody of the Parliament, and 
bring liim more completely into his own power.^ 

At the battle of Dunbar in 1650, he was associated with Monk 
in command of the Foot, and having greatly contributed to the 
rout of the Scottish army, he was left by Cromwell in Scotland 
with the rank of Commissary General and the command of 
four regiments of Horse. 

After Oliver's elevation he was intrusted by him with the 
government of the Counties of Lincoln, Nottingham, Derby, 
Warwick, and Leicester, with the title of Major General ; in 
which office he was so assiduous, that, as he himself says, he did 
not leave a single vagrant in a whole county. He was represent- 
ative for Nottinghamshire in the Parliaments of 1654 and 1656, 
and raised by the Protector to his Upper House. He is said to 
have been so fond of this honor that he threatened to cane 



' If those who liave suggested this explanation liad examinoil the curious and in- 
teresting hook, entitled " Cromwelliana," they would have found an extract from 
Colonel Whalley's own statement in answer to a question put to him hy the House 
of Commons, which places the authorship of the letter beyond a question, and con- 
firms the ^suspicion as to the motives of the writer. " And whereas, Mr. Sjieaker," 
these are his words, "you dem.md of me what that letter was I showed the King the 
day he went away, the letter I will show you : hut with your leave I sliiiU first 
acquaint you with the author and the ground of my showing it to the King. The 
author is Lieutenant General Cromwell. The ground of my showing it is this : the 
letter intinuites some murderous design, or at least some fear of it against the King. 
When I read the letter I was much astonished, abhorring that such a thing should 
be done, or so much as thought of, by any that bear the name of Christians. When 
Iliad shown the letter to his Majesty, I told him I was sent to safeguard, and not to 
murther him ; I wished him to be confident no such thing should be done, I would 
first die at his foot in his defence ; and therefore I showed it him, that he might be 
reassured, though menacing speeches came frequently to liis ear, our General Offi- 
cers abhorred so bloody and vill.ainous a fact. Another rea.^on was that I might get 
a nearer admittance to liis Majesty that so 1 might better secure him," &c. 



334 THE REGICIDES SHELTERED IN NEW ENGLAND. 

Colonel Asbfield in Westminster Hall for speaking derisively of 
this quasi House of Lords. The valiant Colonel, however, hav- 
ing set him at defiance, he prudently abstained from executing 
the menace; but went away and complained of him to the Pro- 
tector Richard, who told the Colonel that unless he would ask 
pardon for the offence he would cashier him for using disrespect- 
ful language to his superior officers. The Colonel, no wise 
daunted, petitioned to have a fair hearing, — a demand which the 
Protector could not well refuse; but himself selected the officers 
to whom the case should be referred, and they, of course, decided 
that the fault should be humbly acknowledged and " my Lord 
Whalley's" pardon asked. To this sentence, however, the stub- 
born Colonel absolutely refused to submit.^ 

When a proposition was made in Parliament to make Crom- 
well king, Whalley, notwithstanding the great obligations which 
he was under to his powerful relative, and his dependence upon 
him for high and lucrative offices, strenuously opposed the raeas- 
ure.2 His name appears among the signers of the Proclama- 
tion for the succession of Richard Cromwell to the Protectorate 
on the death of Oliver, the 3d of September, 1658. After the 
resignation of Richard he became an object of jealousy to the 
Parliament as having too much interest with the army, for which 
reason they took away his command; but this, it is said, only 
endeared him to the soldiers the more. 

It deserves to be mentioned as an evidence of the high esteem 
in which the character of Whalley was held among men of dis- 
crimination and worth, that the celebrated Richard Baxter, author 

1 Ludlow Memoirs, vol. ii. pp. 6.32, 633. 

2 The fact is thus stated by several writers. I do not find any notice of Wlialley's 
having opposed tlie measure in the Parliament itself. The account given by White- 
lock is as follows : " Dec. 10, 1651, Cromwell called a meeting of divers memliers of 
Parliament, and some chief officers of tlie army, at tlie Speaker's liouse, and pro- 
posed to tliem tliat now, the old King being dead and his son defeated, he held it 
necessary to proceed to a settlement of tlie Nation." ..." Cromwell discovered 
tlieir inclinations for which he fislied, and made use of what he tlien discerned. He 
said he really thought that a settlement of somewhat wit/i monarrliii:aI ijoremment in it 
would be very effectual." ..." Whalley said, I do not well understand matters of 
law; but it seems to me the best way not to have any thing of monarchical power 
in the settlement of our Government, and if we should resolve upon any, whom 
have we to pitch upon 1 "... " Cromwell put off the debate when it turned towards 
making the Duke of Gloucester, the King's tliird son, king." 



THE REGICIDES SHELTERED IN NEW ENGLAND. 335 

of the " Saints' Rest," one of the ablest ministers and most 
voluminous writers of his age, who had been chaplain in his 
regiment, dedicated to him one of his practical works with ex- 
pressions of sincere friendship and respect. It was at the time 
when he was enjoying the high offices to which he had been 
promoted by his Cousin Cromwell. How singularly must the 
closing words of this complimentary inscription have affected 
the mind of him to whom they were addressed, if they were ever 
recalled to his remembrance in the low estate to which he was 
subsequently reduced! How must they have impressed him with 
the uncertainty of earthly honors, as they brought forcibly to his 
thought the strong contrast between the prosperous career which 
his friend blindly predicted for him as the source of his trial, and 
the miserable and lonely condition from which his temptations 
actually arose I " Think not that your greatest trials are now 
over. Prosperity hath its peculiar temptations by which it hath 
foiled many that stood unshaken in the storms of adversity. 
The tempter who hath had you on the waves, will now assault 
you in the calm, and hath his last game to play on the mountains, 
till nature cause you to descend. Stand this charge and you 
win the day." ^ 

William Goffe was a son of a puritanical clergyman, 
Rector of Stanmore in Sussex. The political and religious ex- 
citement of the times, acting upon an ardent and somewhat rest- 
less nature, led him to exchange the quiet duties of the business 
to which he had been brought vip for the stirring life of a soldier. 
The influences of his early education determined the direction 
of his interest in the conflict between the Commons and the King. 
Enlisting with enthusiasm in the army of the Parliament, he rose 
by rapid gradations to a high rank. Though not liberally edu- 
cated, he is mentioned in the Fasti Oxonienses as having re- 
ceived the honorary degree of Master of Arts. In the accou nt 

' Baxter's Practical Works, Orme's edition, vol. i. p. 463. 

In Jnsjali Rieroft's " Survey of England's Cliampions and Truth's fliitliful Patri- 
ots, published by Authority, London, 1647," is the following tribute to Whalley: 
"I must not forget another of the vaHant Commanders, ColoncU Whalley, a 
man of honour and of trust, who deserves as much of the King and Parliament as 
the best of the Commanders in his Excellency Thomas Fairfax's army (now resi- 
dent) one only excepted." 



336 THE REGICIDES SHELTERED IN NEW ENGLAND. 

there given of him, it. is said that he was "a frequent prayer- 
maker, preacher, and presser for righteousness and freedom, and 
therefore in high esteem in the army." He was a devoted par- 
tisan of Cromwell, and ever ready to execute his will. He 
assisted Colonel White in forcibly ejecting the members that 
were left behind of the " Little" or " Barebones" Parliament, in 
1653. For this and other services he received from the Protec- 
tor the honorable and lucrative post of Major General of Hamp- 
shire, Sussex, and Berks. He was a member for Great Yarmouth 
in the Parliament of 1654, and for Southampton in 1656, and 
was called up to the Protector's House of Lords. His name 
appears, together with that of Whalley, whose daughter he had 
married, in the order for proclaiming Richard Cromwell Protec- 
tor after his father's death. 

In Burton's " Parliamentary Diary," there is a brief and some- 
what curious notice of one of Goffe's speeches in Parliament. 
"Jan. 19, 1656, Sir Gilbert Pickering said, on the question of 
voting an address to Cromwell, — 

" If it were not against the orders of the House to call upon any man 
to speak, there was a very good pattern propounded to us as to the man- 
ner of addresses to his Highness, upon another occasion about three or 
four months ago. I wish we might follow that way. I remember very 
well what this speech was and who spoke it. It was Major General 
Goffe, upon the debate about the thanksgiving for the late victory from 
Spain. It was a long preachment, seriously inviting the House to a firm, 
and kind of corporal, union with his Highness. Something was expressed 
as to hanging about his neck like pearls, from a text out of Canticles." 
" Major General Goffe," says Burton, " tickled, I believe, by Sir Gilbert 
Pickering's call, stood up and expressed his favorable opinion of the pro- 
posed congi-atulation of Cromwell upon his great deliverance and desired 
the Speaker to express our sense of the former deliverances of his High- 
ness, both public and private, upon whose preservation much of ours did 
depend. He then repeated something of his former preachment." 

John Dixwell was a cadet of the Dixwclls of Kent, an 
ancient and wealthy family, raised to the Baronetage. His elder 
brother, who died in 1643, left his large estate and his children, 
all minors, in his charge. A country gentleman, of independent 
means, and good education, who had nothing to gain, but much 
to lose by changes, every selfish interest would have induced hira 



THE REGICIDES SHELTERED IN NEW ENGLAND. 337 

to withhold himself from the revolutionary party, if not to take 
sides against it. But his judgment and his conscience moved 
him to engage in what he believed to be the cause of freedom 
and of God. Enlisting in the Parliamentary army, he soon dis- 
tinguished himself as a soldier and rose to the rank of a Colonel 
of Foot. 

He was a member of all the Parliaments of the Common- 
wealth, with the single exception of that called the " Little" or 
" Barebones." It appears from a careful and thorough copy — 
now in the possession of his descendant, John James Dixwell, 
Esq. — of every entry in the Journals of the House of Commons 
in which the name of Colonel Dixwell occurs, that he was an 
active and distinguished member. The frequency of his appoint- 
ment on important Committees and the nature of the questions 
submitted to his decision show the high consideration in which 
he was held as a man of sound judgment, firm purpose, and prac- 
tical ability. 

He was several times chosen a member of the Council of 
State from the year 1651 to 1659, and in the latter year was com- 
missioned Lieutenant of Dover Castle. 

On the 29th of May, 1660, Charles II. entered London, 
amidst the acclamations of the people, to take possession of the 
throne from whicli he had been so long excluded. In anticipa- 
tion of this event, the three individuals whose career we have 
thus far sketched, hastily fled from the vengeance wliich they 
knew was in store for them if they remained in England ; — 
Whalley and Goffe to America, and Dixwell first to Hanau, in 
Germany, and afterwards to New England. 

The two former left Westminster on the 4th of May and ar- 
rived in Boston the 27th of July ; bringing testimonials from 
various ministers in high esteem among their brethren here. By 
the same vessel which brought them over came the news of the 
King's accession. They attempted no concealment of their per- 
sons or characters ; for the action of Parliament in regard to them 
had not yet been promulgated. Immediately on landing they 
called upon Governor Endicott who gave them a courteous wel- 
come, and the same day proceeded to Cambridge, where it was 
their intention to reside. The high rank and social position 

22 



338 THE REGICIDES SHELTERED IS NEW ENGLAND. 

which they had sustained in England, together with the gravity 
and dignity of their manners, secured for them general respect. 
They were admitted into the best society and met with marked 
attention. They attended public worship and lectures, took part 
in private devotional meetings, and were allowed to partake of 
the Communion. 

Among those who treated them with such deference there were 
undoubtedly some who like Mitchell, the minister of Cambridge, 
were not fully aware, at the moment, of the exact relation in 
which they stood to the laws of their country. Writing, subse- 
quently, in his own vindication, Mitchell says, " Since I have had 
opportunity, by reading and discourse, to look into that action 
for which these men suffer, I could never see that it was justi- 
fiable." 

The Act of Indemnity, in which Whalley and Goffe were ex- 
cepted absolutely as to life and estate, reached Massachusetts in 
November. It produced excitement and alarm ; but was met 
by the members of the General Court with a divided feeling ; 
some being inclined to protect the exiles at every hazard ; a few 
doubtful whether it might not be their duty to secure their per- 
sons ; and others disposed to give them opportunity to escape, so 
far as it could be done without openly conflicting with the royal 
government. On the 21st of February, 1661, the Governor sum- 
moned the Assistants to advise him as to the manner of dealing 
with them ; but they came to no agreement. Four days after, 
the refugees themselves relieved the Magistrates from em- 
barrassment by privately leaving Cambridge under an escort 
furnished by their friends, and making their way to New 
Haven. 

On their journey thither, which occupied nine days, they 
stopped for a short time at Hartford, where they met with a kind 
reception from John Winthrop, Jr., Governor of the Colony of 
Connecticut, or Hartford, which had not at that time been con- 
solidated with the Colony of New Haven. It is quite certain 
that their coming to New Haven was not wholly unexpected ; 
at least by the Rev. John Davenport, one of the noble founders 
of that Colony, and one of the ablest and most inflnential of the 
ministers of New England, — who, it will be remembered, in his 
old age removed to Boston and became a minister of the First 



THE REGICIDES SHELTERED IN NEW ENGLAND. 339 

Church.^ About the time of their arrival, as if to predispose the 
minds of the people in their favor, he preached a sermon which 
is still extant in print, in the course of which he gave utterance 
to these bold and, under the circumstances, " almost treasonable " 
words : — 

" Withhold not countenance, entertainment, and protection from the peo- 
ple of Gud — whom men may call fools and fanatics — if any such come 
to you from other countries, as from France or England, or any other 
place. Be not forgetful to entertain strangers. Remember those that are 
in bonds as bound with them. Hide the outcasts, bewray not him that 
wandereth. Let mine outcasts dwell with thee. Be thou a covert to 
them from the face of the spoiler." 

The Regicides themselves had special reason to expect friendly 
treatment in New Haven. It had long been the home of a sister 
of General Whalley, the amiable wife of Rev. William Hooke, 
for twelve years Mr. Davenport's colleague; and William Jones, 
whose father suffered death as one of the King's judges, had 
recently come from England, and taken up his residence there. 
Their reception was as cordial as they could have desired. They 
took up their abode in Mr. Davenport's house, and for several 
weeks held intercourse with the ministers and magistrates, with 
little or no reserve. Meanwhile the King's Proclamation for 
their arrest as traitors and murderers had been received at Bos- 
ton, and news of its arrival followed them to New Haven. Aware 
of their peril and to mislead any who might be sent to apprehend 
them, they removed in open daylight to Milford, and there made 
themselves known ; but returned covertly at night, and for more 
than a week lay secreted in Mr. Davenport's cellar, where what 
purports to have been their hiding-place is still shown. 

But a more serious danger was imminent. One Captain Bree- 
don, having carried to England information that he had seen 

1 In a letter from Davenport to John Winthrop, Jr., dated the eleventh day of 
August, 1060 (it will be remembered that tlie Regicides arrived in Boston, July 27th), 
he says, " The two gentlemen of great quality arrived in the Bay are Commissary 
General Wlialley, Sister Hooke's brother, and his son in law who is with him is 
Colonel Goffe : boath godly men, and escaped persute in Engl, narrowly. I hope to 
see them here after the Commissioners are gone, if not before. I might hope to see 
them before, upon my letter, but I defer that on purpose that your chamber may be free 
for your reception and Mrs. Winthrope's when the Commissioners meete." The 
letter may be seen in Jlass. Hist. Coll., vol. x., series 3. 



840 THE REGICIDES SHELTERED IN NEW ENGLAND. 

them at Boston, a royal order was despatched to the Colonial 
government peremptorily demanding their arrest. Endicott, to 
whom it was transmitted, could do no less than appear to interest 
himself to put it in execution.^ Without taking the advice of 
his Council, and, as it seems, not in full accordance with the feel- 
ing of some of the Deputies, he gave Commission to two young 
men who had recently come from England for purposes of trade, 
Thomas Kirk and Thomas Kellond, to search throughout Massa- 
chusetts; and furnished them with letters to the Governors of 
the other Colonies. 

These two young royalists, strangers in the country, and sure 
to excite observation wherever they should go, started imme- ^ 
diately on the track of the fugitives. At Hartford Governor 
Winthrop informed them that they had not long before passed 
out of that town on their way to New Haven. The pursuers, 
taking the same direction, on reaching Guilford, stopped at the 
residence of the Deputy Governor Leete. They showed him 

1 Regard for truth compels the remark that there is reason to suspect the sin- 
cerity of more tlian one of tlie magistrates and principal men of the Colonies of Massa- 
chusetts and New Haven in their dealing with the Home government, and in their 
statements, respecting the Regicides. Colonel Temple, in a letter dated Boston, 20th 
August, 1661, to "Mr. Secretary Morice, about Goffe and Whalley," asserts, it may 
be with truth, that he " had used all the diligence and industry he was capable of in 
endeavors to discover and apprehend the Regicides " ; but says that he " had been in- 
formed by Mr. Pinchin (Pynchon) and Captain Lord, residents of the Southern parts, 
that they are concealed there," and that he has " joyned himself" with them " in a 
Becret designe, only knowne to us three, to secure their persons." It is possible that 
Mr. Pynchon was in earnest, but if he had been really so, it is not easy to understand 
how he could have failed to discover their place of concealment at Iladle.v, so near 
to his own residence. 

Governor Bradstreet writes to the Lords of his Majesty's Privy Council, Boston, 
May 16, 1080, " I understand there have been misinformacons presented to his 
Majesty, and amongst otlicrs that the Inhabitants here have protected the mnrtlierers 
of his Majesties Royall Father, in Contempt of his Majesties proclamation of the 6th 
of June 1660, which is manifestly untrue." 

John Davenport writes to Temple, " 19 day 6 m. 1661," that he had sent an 
Apology to the D*puty Governor of Massachusetts to be communicated to the Gen- 
eral Court, in which he " will finde his innocency in reference to the two Colonels, 
and that of the this poore Coloney, of our Governor and Majestrates, who wanted 
neither will nor Industery to have served his Majtie in apprehending the 2 Collonells, 
but were Prevented and Hindered by god's overruiUing Providence, whic^i withheld 
them that they could not exciqute their true Purpose therein. I believe if his 
Majestie Rightly understood the Curcumstances of the Event he would not be dis- 
pleased with our Majistrates, but to accquiesce in the Providence of the most high." 
(Mass. Hist. Coll. 3d series, vol. xviii. pp. 328-9.) 



THE REGICIDES SHELTERED IN NEW ENGLAND. 341 

their warrant and demanded to be furnished with horses for their 
journey and " aid and power to search and apprehend " the refu- 
gees. A person told tliem that the Colonels were secreted in 
Mr. Davenport's house, " and that without all question Deputy 
Leete knew as much." ^ He put them off on various pretences 
till after the Sabbath, which occurred on the day succeeding the 
interview. Meanwhile a messenger was secretly despatched to 
give timely warning at New Haven. On Monday the two 
messengers set out on their journey ; the Governor following them 
at a more moderate pace. On their arrival at the capital, he 
received them at the Court Chamber: when they informed him 
that they had reason to believe that those whom they sought 
were concealed in New Haven, and required assistance for their 
arrest. He replied that he " did not believe the story ; that he 
could not and would not make them magistrates." They charged 
him with despising his Majesty's authority, and with his willing- 
ness to connive at the escape of his traitorous subjects. He then 
left them, and after a long consultation with the magistrates, 
broke up the Council ; declaring that they " neither would nor 
could do any thing until they had called a General Court of the 
freemen." ^ 

Thwarted at every point by the magistrates, whom they 
found, as they said, " obstinate and pertinacious in their con- 
tempt of his Majesty," and, in all probability, purposely put upon 
a false scent, the messengers started off for New Netherlands ; 
and after a fruitless search returned by water to Boston. 

There can be no doubt that intelligence of the appointment of 
these Commissioners, and of all their movements, had been 
secretly conveyed to the fugitives ; for before they had left 
Boston, they had removed from the house of Mr. Davenport to 
that of William Jones, afterwards Deputy Governor ; and during 
the conference with Governor Leete at Guilford, they were con- 
veyed to a secluded mill, two miles to the north-west of New 
Haven. From thence, after two niglits, they were conducted to 
a spot called Hatchet Harbor; and shortly after, to a rude covert 
of large stones on the eastern side, and near the summit of West 
Rock, still nearer to the town ; " being supplied with food from a 

1 Stiles's Judges. Hutchinson's Coll. Dr. Palfrey's Hist, of New England. 

2 lleport of Kellond and Kirk in Hutch. Coll. p. 334. 



342 THE REGICIDES SHELTERED IN NEW ENGLAND. 

lonely farm-house in the neighborhood." Having remained in 
their hiding-place a few months, occasioaally showing themselves 
in New Haven and elsewhere, from the honorable motive of 
relieving Mr. Davenport of the suspicion of concealing them, 
they took shelter in a house in Milford, where they stayed for 
two years in entire seclusion. At length, just as they were 
beginning to enjoy a feeling of comparative security, and to 
indulge themselves with occasional intercourse with their worthy 
neighbors, the tidings reached them of the expected arrival at 
Boston of Commissioners from England with extraordinary 
powers, whose coming might subject them, and their protectors 
also, to new dangers. This intelligence caused them once more 
to make a hasty retreat to their long since abandoned cave. 
But being discovered by a party of Indians, hunting in the 
woods, who might be induced by the offer of large rewards to 
betray them, they took their departure for the secluded town of 
Hadley, then far in the wilderness on the north-western frontier 
of New England, travelling only by night. Here a shelter had 
been prepared for them, under the roof of the worthy minister 
of the place, the Rev. John Russell. A considerable addition 
had recently been made to his house, which was now large and 
double, containing many rooms and closets. In one of the 
latter in the garret, having doors opening into two chambers, the 
floor boards could be slipped aside so as to admit of access to a 
dark under closet, near the old-fashioned chimney ; from which, 
perhaps, there was originally a passage-way into the cellar. To 
this secure hiding-place they could reti'eat, in case a search 
should be made of the premises. 

They reached Hadley on the thirteenth of October, 1664, no 
one in the place being aware of their arrival except the family 
of Mr. Russell, and one or two trusty persons among the prin- 
cipal inhabitants, from whom they received the kindest attention. 
They were enabled, through safe hands, to keep up a correspond- 
ence with their friends in Old and New England. Their letters 
dated from " Ebenezer," the name which they gave to their 
several places of refuge, were often conveyed to Boston by the 
representative from Hadley, Peter Tilton, — those for England 
being intrusted, as we have found, to Rev. Increase Mather, 
who transmitted them under cover in his own handwriting to 



THE REGICIDES SHELTERED IN NEW ENGLAND. 343 

some confidential correspondent who could forward them to 
their destination. Goffe wrote, occasionally, to Mather himself, 
upon religious and political topics, always expressing tlic highest 
esteem for his person and a deep sense of obligation for liis 
favors.i They appear to have been kept well informed of all 
important public events in both countries, and to have been 
abundantly supplied with the means of subsistence. There is 
reason to believe that they were occasionally visited in their 
retreat by such men as Governor Leverett, Mr. Ricliard Salton- 
stall,2 and their old friend Mr. Davenport. 

It is certainly a matter of surprise that their secret could have 
been so well kept. The people of Hadley appear to have been 
ignorant of their residence among them, and it is probable that 
very few persons, even among the most intimate associates 
of their protectors, had any knowledge of their place of con- 
cealment. Governor Bradstreet in a letter to Randolph, in 

1 Among tlie correspondents of Goffe was Rev. William Hooke. Several of his 
letters may be seen in the Mather Papers. He writes under the signature D. G. 
GofTe's wife and cliildren were for a time in his family. 

He was Master of Arts at O.xford in 10'23, and after a short ministry in Devon- 
shire, being persecuted for non-conformity, sought refuge in New England. He 
was minister of Taunton in 1637, soon after the settlement of that town, and sub- 
sequently settled at New Haven, as Mr. Davenport's colleague. After the elevation 
of Cromwell — cousin of his wife, who was Whalley's sister — to the Protectorate, 
and when his brother-in-law Whalley had been elevated to high office, he went back 
to his native country, not because he loved New England less, but Old England 
more. He probably thought that he could .serve the land of his ailojjtion better at 
the Court of England, and close to the ear of its powerful ruler. He embarked for 
home in 1C5G, and was received by Cromwell with such favor as to be appointed one 
of his domestic chaplains in the royal palace of Whitehall. 

Several letters from his wife, Jane Hooke, are printed in the Mather Papers. She 
refers to the Regicides, to whom as well as to several poor ministers, she often sent 
contributions of money and clothing. Her correspondence proves her to have been 
a truly devout, amiable, and charitable woman. She deserves to be remembered 
among the benefactors of New England. The only fault to be found witli her letters 
is the wretched spelling and punctuation. 

■^ Ricliard Saltonstall, Jr., son of Sir Richard, came to New England, with his 
father, in 1030, was admitted freeman of Mas.sachusetts, Oct. 18, 1G31, and the next 
year went back to England. He returned to Massachusetts in 1635, was Represen- 
tative in 1636, and Assistant in 1637. He sailed again for England in lG4il; again 
came back, and again sailed in 1672. He was once more in Massachusctis in ItlSO, 
and made Assistant; but left for England in 1082, and died in April, 16'.)4. He left 
fifty ponnds in the hands of Edward Collins, of Charlestown, for the Regicides, 
when he went to England in 1G72. See the correspondence on this subject in the 
Mather Papers, pp. 134, 136. 



344 THE REGICIDES SHELTERED IN NEW ENGLAND. 

1684,^ says, that " Whallcy and Goff were never hid or secured 
here, that ever I could heare of." It would seem not only that no 
one was willing to betray them, but that every one purposely 
endeavored not to know where they were. Such tender com- 
passion, and such delicate and even sacred consideration for 
these hunted exiles, whose greatest crime was a desperate blow 
at oppression, and who had confidingly thrown themselves 
upon their protection, are among those noble traits in the 
character of our Fathers, which claim honorable commemora- 
tion from their descendants, and should never fail — as, thank 
God, they seldom have failed — to excite their generous emu- 
lation. 

Several letters which passed between Goffe and his wife, the 
daughter of Whalley, were long ago printed by Governor 
Hutchinson ; and others, found among the Mather Papers, have 
been published in the last volume of our Historical Collections. 
It is impossible for any who has a heart, to read them without 
almost tearful emotion. They are full of the tenderest expres- 
sions of endearment for each other, mingled with a sublime trust 
in Providence, and the most humble and docile submission. 
While they give evidence of bitter and unintermitted sorrow and 
loneliness, they betray no tremulousness of faith, no lack of 
fortitude, no disposition to repine. No token that love could 
desire of affection and longing is wanting in the language of 
either, and yet not a word passes from one to the other to 
weaken or dispirit, but rather to sustain and encourage. They 
abound in quotations from the Scriptures, especially from the 
prophetical writings, which they applied to themselves and their 
cause in a manner that strikes the modern reader as extravagant, 
and superstitious, if not hypocritical and almost absurd ; but 
which was entirely in keeping with the custom of the class of 
religionists to which they belonged, and was adopted by them- 
selves in perfect faith and guileless sincerity. They addressed 
each other, respectively, as son and mother, under the names of 
Walter and Frances Goldsmith. We recognize in him and 
Whalley the distinctive traits of the Puritans, — an impassioned 
piety, "a lofty air of manhood, deep thought and steady enthusi- 

1 Mather Papers, p. 533. 



THE REGICIDES SHELTERED IN NEW ENGLAND. 345 

asm, — those same principles of stern fidelity and self-command 
which ennobled the better days of the Roman republic-, and have 
made the men of every after era appear childish and frivolous in 
comparison." And in her we are struck with those qualities which 
every unprejudiced student of history admires and reverences in 
the characters of the Republican matrons of England. Making 
a slight deduction for a few peculiarities derived from their reli- 
gious associations, we believe, that " no age has produced a more 
worthy counterpart to the Valerias and Portias of antiquity. 
In their high-minded feeling of patriotism and public honor, com- 
bined with the most dutiful and devoted conjugal attachment, their 
kindness and hospitality, their domestic virtue, their calm dignity, 
endurance, and self devotion, there is something that makes the 
Corinnes and H^loises appear small and insignificant." i 

If we may believe a tradition which has come down through 
the family of Governor Leverett, and which there is no good 
reason for discrediting, an opportunity was at lengfh offered to 
the refugees, during their residence at Hadley, not only to re- 
pay the hospitality of their protectors, but to bring into action 
once more, though but for a moment, their military skill and 
prowess. 

In the summer of 1676, while King Philip's war was raging, 
a powerful force of Indians made a sudden assault upon Had- 
ley. The inhabitants at the time were assembled in their 
meeting-house observing a day of fasting and prayer ; but, in 
apprehension of an attack, they had taken their nmskets with 
them to the house of God. While they were engaged in their 
devotions, the younger of the solitary captives, who, perhaps, 
taking advantage of the absence of observers to enjoy a brief 
interval of comparative freedom, may have been seated at an 
open window, or walking near the house, discovered tiie approach 
of the wily foe, and hastened to give the alarm. With the air 
of one accustomed to command, he hastily drew up the little 
band of villagers in the most approved military order, put him- 
self at their head, and by his own ardor and energy inspired 
them with such confidence, that, rushing upon the swarming sav- 
ages, they succeeded, with the loss of only two or three men, in 

1 Jeffrey, Edinb. Kev., October, 1808. Review of Mrs. Hutchinson's Memoirs 
of her iiusband, Colonel Hutchinson. 



346 THE REGICIDES SHELTERED IN NEW ENGLAND. 

driving them back into the wilderness. But when the confusion 
of the fight was over, the mysterious stranger had disappeared. 
It is hardly a matter of surprise that, in that superstitious age, 
there should have been some among the people who, in utter 
bewilderment as to the person of their deliverer and in devout 
gratitude for their strange preservation, should have regarded 
him as an angel sent from heaven with a divine commission for 
their rescue.^ 

General Whalley died at Hadley, probably in the year 1676, 
and was buried behind the front cellar-wall of Mr. Russell's 
house, where his bones have since been found. There is a tra- 
dition that General Goffe, after the decease of his father-in-law, 
disappeared from Hadley, going " westward towards Virginia," 
and ended his career in total obscurity. There are also some 
who insist, that though he may have died at Hadley, his remains, 
together with those of Whalley, were removed to New Haven, and 
deposited in two graves by the side of that of their fellow-exile 
Colonel Dixwell. To us it appears more probable that he ended 
his days in the quiet and hospitable place which must have seemed 
to him more like home than any other spot in this far country, 
and that beneath the same friendly soil on which he had found 
protection in life, his body — worn out with age and care, and 
laid down in secrecy and decent sorrow by the hands that had so 
long ministered to its comfort — has found even unto this day an 
undisturbed resting-place.^ 

1 There are several versions of this story. They differ somewliat in regard to 
details. That which I have followed seems as likely to be in accordance with the 
facts as either of the others. Holland's Hist. Western Mass. ; Huntington's Cent. 
Address ; Sir AV alter Scott's Pev. of the Peak, &c. 

2 There is a sentence in a letter from Goffe to Increase Mather, dated the 8th of 
September, 1670, in the Mather Papers, in Mass. Hist. Coll., vol. viii.4th series, p. 158, 
which might lead to the inference that shortly before that time the writer had re- 
moved from Hadley to a new place of concealment. He says, " / was greatly hehould- 
ing to Mr. Noellfor his assistance in my remove to this town." This could hardly relate 
to the journey of the Eegicides to Hadley so long before as 16C4. Besides, had 
"Whalley been with Goffe at the time of tlie removal to which he refers, lie would not 
have said"nii/ removal," but our. Although Ibis sentence had not attr.nctcd my 
particular notice at the time of editing the Mather Papers, or when this lecture 
was written, it has since impressed me with a belief that after the death of Whalley 
— which for several reasons had been assigned to the year 1676 — Gcffe did leave 
Hadley for some other town, — whether New Haven, or not, I know of no means 
of ascertaining. 



THE EEGICIDES SHELTERED IN NEW ENGLAND. 347 

In 1665, the year after their arrival at Hadley, Whalley and 
Goffe were joined by that old companion in arms and in the 
trial of the King, a brief sketch of whose life in England has 
already been given, — Colonel John Dixwell. When or how he 
had come to this country from Germany, his first place of exile, is 
not known. We can readily imagine with what strong emotions 
the exiles met, and with what deep and untiring interest they 
talked over, during the three or four years they remained in each 
other's neighborhood, the great events in which they had partici- 
pated. At the end of that period, Dixwell removed to New 
Haven. As he had never been traced to America there was in his 
case less reason for fearing discovery. Assuming the name 6f 
Davids and carefully concealing his true character from the pub- 
lic, who regarded him as, for some unknown reason, obnoxious to 
the English government, he established his residence in a retired 
part of the town, and soon secured the respect of the inhabitants 
as a grave and quiet gentleman. He married twice ; the first 
wife dying a few weeks after their nuptials. By the second he 
had several children ; from one of wliom are descended the highly 
respectable Boston family which bears the name of Dixwell. He 
early communicated to two or three muiisters and a few other 
friends the secret of his history, and before his death took care 
to demonstrate his true name and character by his last will and 
other certified documents. He died in March, 1689, just before 
the welcome tidings of the downfall of the Stuart dynasty, 
which would have caused his aged heart to leap for joy, had 
reached America. A plain gravestone, with the simple inscrip- 
tion, " J. D. Esq, Deceased March y" 19'", in y'= 82" year of his 
age 1688-9," marked the place of his interment, in that part of 
the public square of New Haven which is flanked by the halls 
of Yale College, and which was the ancient burial-place of the 
town. In 1821, when the monuments in this ground were re- 
moved to the new cemetery in the north-west part of the city, 
this grave was left undisturbed. In 1849, his descendants, with 
a laudable feeling of veneration for their distinguished ancestor, 
by permission of the city authorities, caused a stately and grace- 
ful monument, with an appropriate inscription, to be erected to 
his memory ; which is invariably pointed out by the citizens of 
New Haven to the stranger as an object of local pride, of anti- 



348 THE REGICIDES SHELTERED IN NEW ENGLAND. 

quarian curiosity, and of universal interest^ It is worthy of 
notice that in one of the last papers subscribed by his own hand 

1 The monument is of marble, about six feet high, having inscriptions on its four 
sides. That on the east side is as follows : — 

JOHN DDCWELL, 

a zealous patriot — a sincere Christian, 

an honest man, 

he was faithful to duty 

through good and through evil report 

and having lost 

fortune, position and home 

in the cause of his country, 

and of human rights, 

found shelter and sympathy 

here, 

among the fathers of New England. 

His descendants 

have erected this monument 

as a tribute of respect to his memory 

and as a grateful record 

of the generous protection 

extended to him, 

by the early inhabitants 

of New Haven. 

Erected a.d. 1849. 

The inscription on the north side is as follows: — 

J. D. ESQ, 

deceased — march te 

19th, in ye 82d year of 

HIS AGE 16S8-9. 

Copied from the old gravestone. 

Inscription on the west side : — 

Here rest the remains of 

John Dixwell, Esq, 

of the Priory of Folkestone 

in the county of Kent, England, 

of a family long prominent in Kent, 

and Warwickshire, and hioiself possessing 

large estates and much intluence 

in his country, he espoused the popular cause 

in the revolution of 1G40. 

Between 1640 and 1660 

he was colonel in the army, 

an active member of four parliaments. 

Thrice in the council of state 

and one of the high court which tried 

and condemned Kin^ Charles the First. 

At the restoration of the monarchy, 

he was compelled to leave his country ; 

and after a brief residence in Germany, 

Came to AViw Harelip 

and here lived in seclusion, 

but enjoying the esteem and friendship 

of the most worthy citizens, 

till his death in 1.88-9. 

On the south side is the Dixwell coat of arms, with the motto, 

ESSE QUASI VIDKRI. 



THE REGICIDES SHELTERED IN NEW ENGLAND. 349 

and placed upon record in the probate office, occurs this emphatic 
statement of his unabated attachment to the cause for which he 
had sufTered, and his unshaken confidence in the justice of hia 
acts in its behalf, — " Being confident that the Lord will appear 
for his people and the good old cause for luhich I suffer, and that 
there will be those in power again who will relieve the injured 
and oppressed." 

We have been reviewing the history of eccentric but heroic 
men. Though we cannot justify the act for which they suffered, 
yet who of us is disposed to charge them with the intention, or 
even the consciousness, of crime ? Nay, more, who of us can 
even wonder that, entranced as they were by the beautiful vision 
of universal liberty under the sceptre of Christ, ever floating 
before their imagination, and seeming to beckon to them from 
the far distant future, — which to the eye of their strong faith 
appeared so close at hand, — they should have rushed forward 
to realize it, forgetful of the lessons of history, regardless of prece- 
dent, scornful of danger, breaking through even lawful restraints, 
hewing down with sword and axe every obstruction that blocked 
the way, — thrones, tyrants, armies, hierarchies, constitutions, — 
pressing on with a terrible earnestness and a frenzied en- 
thusiasm? 

If there were any gigantic hypocrites, who had joined their 
ranks to make them their tools, to turn their nobler rage and in- 
vincible energy to the service of their towering ambition, the men 
whose lives we have been describing were themselves too sincere 
and self-devoting to connive at such deceit, or even to be sus- 
picious of such motives. They never for one moment wavered 
in their loyalty to what they assuredly believed was the most 
sacred and glorious cause that could be committed by Heaven 
to human hearts and hands. To the day of their death they 
never faltered in the conviction that what they had done had 
received the august sanction of their God, and what they had 
suffered, they had suffered as martyrs to conscience, justice, and 
liberty. 

It would be presumptuous and ungrateful in us who are enjoy- 
ing the priceless blessings of freedom at the cost of others' sacri- 
fices, — of the heroism, the sufferings, the virtues, yes, and the 
faults of our ancestors, — who are too luxuriously revelling in 



350 THE REGICIDES SHELTERED IN NEW ENGLAND. 

the harvest which they sowed in agony and watered with their 
blood, — to pass a cool and censorious judgment upon men like 
these. They should be tried only by a tribunal of their peers. 
Happy will it be for us if the worst fault that can be charged 
against us by the pen of man, or by the Recording Angel, shall 
be an overmastering hatred of oppression, and a too enthusiastic 
and impatient endeavor to hasten the fulfilment, before His own 
appointed time, of the sure and' glorious promises of C4od.i 

Our subject involves the interesting question of the attitude 
of New England towards the parent country during the eventful 
period to which it relates. 

It is certain that the leading men in the colonies were not only 
deeply interested in the political movements on the opposite 
shore, but that they had no inconsiderable influence upon the 
party with which they were in sympathy. Besides the fact of 
their intimate personal relations and common interests, there is 
sufficient evidence that they were in frequent correspondence 
with the Republicans in England, and that their assistance with 

1 There are traditionary anecflotes concerning Wlialley and Goffe to whMi I liave 
paid no attention, for most of tliem bear internal evidence of untrutli ; and witli re- 
gard to the rest there is not sufficient ground to receive them into veritable history. 
There are also traditions tliat two or tliree other Regicide Judges were secreted in 
New England, in different localities, but they are undoubtedlj' erroneous. It ia pos- 
sible that there were several refugees fl-oin England, for other offences than con- 
nection witli the King's death, who found shelter in our forests. There is a plausible 
account of a person who may have been an exile for some political cause, given in a 
speech by Rev. Frederic A. Whitney, at a dinner on the occasion of the celebration, 
in 1840, of the two hundredth anniversary of the incorporation of the town of 
Quincy, Mass. Mr. Whitney says, — 

" Some years since I gathered from the lips of an aged citizen of Quincy, who was 
remarkable for his retentive memory and e.xceeding accuracy in all matters of fact, 
this tradition. His childhood he told me had been with those who had conversed 
■with this lonely exile. Within his own memory there had stood on a hillock the 
humble abode of the old refugee. Here, as said tradition, under the assumed name 
of Revel, he lived and died ; and his funeral was honored by the attendance of his 
Excellency the Provincial Governor, and of distinguished men from the neigliboring 
metropolis." 

Those who are curious in regard to such traditions will find many of them referred 
to in " Stiles's History of the Judges," together with much authentic information. 
Though over enthusiastic in his admiration of the Regicides, and extravagant in his 
attempts to justify and glorify their treatment of the King, and withal, somewhat 
credulous, the work of President Stiles shows ability, learning, and minute research, 
and is the principal source to which all who treat our subject are indebted for their 
material. 



THE REGICIDES SHELTERED IN NEW ENGLAND. 351 

the pen, if not with the sword, was much relied upon and 
solicited. The Independents — who at the breaking out of the 
civil war were a small though vigorous minority struggling for 
existence, but who at its close held the destiny of the kingdom 
in their hands — early looked to New England not only for the 
ablest advocacy of their principles, but for the strong encourage- 
ment which the successful practical exemplification of them 
afforded. 

In 1642, a letter signed by about forty persons, Peers, Com- 
moners, and ministers, — Cromwell among the number, — was 
addressed to Cotton of Boston, Hooker of Hartford, and Daven- 
port of New Haven, urging them to come over with all possible 
speed to give their help " for settling the affairs of the Church." 
Although neither of these ministers was persuaded to respond 
to the call in person, yet the writings of Cotton and other of the 
New-England clergy were published and circulated in England, 
and contributed a powerful element in support of the religious 
politics of their friends. 

A large number of the most distinguished men in the colonies, 
— among them John Leverett, Edward Winslow, and Edward 
Hopkins, afterwards governors, respectively, of Massachusetts, 
Plymouth, and Connecticut, — and many ministers, subsequently 
•went over to England to take a civil or military part in the ranks 
of the revolutionary party.^ The sentiments of one, at least, of 
the most eminent and useful of the New-England clergymen, 
whose praise is on all our lips, the Apostle Eliot, were in entire 
accordance with those by which the Regicides professed to have 
been actuated. Goffe himself might have been the author of such 
sentences as the following, contained in an Epistle addressed 
" To the Chosen, Holy and Faithful, who manage the Wars of 
the Lord against Antichrist in Great Britain:" — 

"The prayers, the expectation and faith of the saints in tlie Prophecies 
and Promises of Holy Scripture are daily sounding in the ears of the 
Lord for the downfall of Antichrist and witli liim all hinnane Powers, 
Politics, Dominions and Governments ; and in the room thereof we wait 
for the coming of the Kingdom of the Lord Jesus. . . . Much is spoken 
of the rightful Heir of the Crown of England, and the inh'stice of casting 
out the right Heir : hut Christ is the only right Heir of the Crown of 

1 Dr. Palfrey's Hist, of New England. 



352 THE REGICIDES SHELTERED IN NEW ENGLAND. 

England, and of all other nations also ; and he is now come to take pos- 
session of his Kingdom, making England first in that blessed work of set- 
ting up the Kingdom of the Lord Jesus : and in order thereunto he hath 
cast down not only the miry Religion and Government of Antichrist, but 
also the form of Civil Government which did stick fast to it." 

This treatise was, by the author's permission, published in 
England in 1659, though written some six or seven years before, 
under the title of the " Christian Commonwealth." After the 
restoration of the monarchy, the magistrates of the colony, hear- 
ing that the book had excited much notice and given great 
offence, found it " full of seditious principles and notions in 
regard to all established Governments in the Christian world, 
and specially against the Government established in their native 
country;" but deferred proceedings against it in order that the 
author might have opportunity in the mean time to make a 
public recantation. This he did, " sincerely." The magistrates 
accepted his acknowledgment, and ordered the book to be sup- 
pressed.i 

If the testimony of a witness in the trial of Hugh Peters for 
complicity in the murder of the King is to be credited, the 
Agency on which he was sent to England by Massachusetts, 
together with Thomas Welde of Roxbury, and William Hibbens 

1 Mass. Hist. Coll., 3cl Series, vol. ix., where a reprint of the Cliristian Common- 
wealth may be seen ; Palfrey's Hist, of New England ; Chalmers's State Papers, &c. 

" Mr. Eliot's acknowledgment word for word. 

"Boston, this 24 of y i^ mo. 1661. 

" Vnderstanding by an act of the honored Council, that there is offence taken at 
a booke, published in England by others, the copie whereof was sent ouer by myself 
about nine or tenn yeares since, and that the further consideration thereof is com- 
mended to this honnored Generall Court now sitting at Boston, Upon pervsall thereof 
I doe judge myself to haue offended & in way satisfaction, not only to the Authority 
of this Jurisdiction, but also vnto any others, that shall take notice thereof, I doe 
hereby acknowledge to this honored Court. 

" Such expressions as doe too manifestly scandalize the Gouernment of England 
by King, Lorc'.s and Commons, as Antichristian, and justify the late Innovators, I 
doe sincerely beare testimony against, and acknowledge it to be not only a lawful! 
but an eminent forme of Gouernment. 

" 2. All formes of Ciuil Gouernment deduced from Scripture either expressly or 
by just consequence, I acknowledge to be of God & to be subjected vnto for Con- 
science sake. 

" And Whatsoeuer is in the whole Epistle or booke inconsisting herewith I doe 
at once for all cordially disoune. John Eliot." 



THE REGICIDES SHELTERED IN NEW ENGLAND. 353 

of Boston, in 1641, was not without reference to the promotion 
of "the interests of reformation by stirring up the war." There 
are circumstances also connected with that mission, besides the 
well-known conduct of Peters, which go to confirm such a sus- 
picion. Dr. Palfrey intimates that " it is not owing to accident 
that the instructions to the Agents have not been preserved." 
All we know concerning those instructions is from the cautious 
language of Winthrop, who says, amongst other things, that they 
were sent to " congratulate the happy success there," of the Par- 
liament in its early struggles with the King. The manuscript 
papers of Welde, of which a copy is in the Library of Harvard 
College, would lead to the conclusion that the ostensible objects 
of the Agents, especially of Hugh Peters, were not their only, 
if they were their principal, purpose.^ 

The tyranny of Charles I., and the hierarchy which was 
allied with it, were as hateful to the majority of the colonists 
here as to the friends of liberty at home. They heard with un- 
disguised gratification of the first vigorous and promising efforts 
of the Parliament in their armed resistance to the encroachments 
of the Throne. To prevent the organization of a party in the 
royal interest, they passed an order that " what person soever 
shall by word, writing, or action, endeavor to disturb our peace, 
directly or indirectly, by drawing a party under pretence that he 
is for the King of England against the Parliament, shall be ac- 
counted as an offender of a high nature against this Common- 
wealth, and to be proceeded with either capitally or otherwise, 
according to the quality or degree of their offence." 

But notwithstanding their sympathies were so strongly with 
the Commons, they were more than all jealous of then- own 
political rights, and scrupulously careful not to compromise their 
independence by any appearance of subserviency to the Parlia- 
ment, any more than to the King. When Charles I. had been 
brought to the block, no New-England colony expressed its 
formal approval of the act ; nor have we any ground for believing 
that it met with general favor. It is probable that while some 
of the more passionate republicans were gratified, and justified 
the extreme measure, the more wise and considerate spirits re- 
garded it with disapprobation and apprehension. When a Puritan 

1 See note on p. 584, vol. i., of Dr. Palfrey's Hist, of N. E. 
23 



354 THE REGICIDES SHELTERED IN NEW ENGLAND. 

Parliament came into power, Massachusetts " carefully abstained 
from any such solicitation for its favor as could be construed into 
an admission of its authority." When England made Cromwell 
virtually a monarch, she preserved a steady silence. When his 
son Richard was elevated to the Protectorate, no public notice 
was taken of the event, although the Council of State sent an 
order for his proclamation. Andwhen Charles II. was restored 
to the throne, although intelligence of the fact reached Boston in 
July, 1660, no proclamation was made till August of the follow- 
ing year. It was the settled policy of our Fathers to act with a 
cautious neutrality, as it was from the first their sacred purpose 
to lay the foundations of an independent State, as far and as fast 
as it could be done consistently with a prudent regard to their 
temporary safety and interest, and a formal respect to their 
colonial obligations. 

In giving a safe asylum to the Judges who had condemned 
and executed their lawful, but lawless King, they acted from the 
promptings of a compassionate and magnanimous spirit, which 
though it may have led them to violate the letter of their political 
bond, impelled them to the performance of that higher duty to 
humanity to which neither their hearts nor their consciences 
would suffer them to be faithless; and for, their generous and 
resolute fidelity to which we are constrained to give them our 
honor and our love. 



THE FIEST CHARTER 



THE EARLY RELIGIOUS LEGISLATIOIS" 



OF MASSACHUSETTS. 



By JOEL PARKER. 



THE FIRST CHARTER 
THE EARLY RELIGIOUS LEGISLATIOIS" 

OF MASSACHUSETTS. 



TT has been regarded as a subject of complacency, that we 
-*- know our origin, and can trace our history ; that while other 
communities seek their early history in the mists of conjecture, 
or the myths of tradition, we can trace our own, in that docu- 
mentary evidence which gives the greatest degree of certainty. 

To a considerable extent, this is true. And yet there are par- 
ticulars, essential to a right understanding of the principles upon 
which the original settlement of Massachusetts was made, re- 
specting which there has been, and now is, such a diversity and 
discrepancy of opinion, after all the discussions of two hundred 
years, and after the labors of the Massachusetts Historical So- 
ciety, for three quarters of a century, in collecting documents 
in regard to the subject, that the Ends and Aims of the first 
settlers of Massachusetts furnish the leading topic of the present 
course of lectures, in the hope that the errors which have pre- 
vailed on that subject may be corrected, and the purposes and 
objects of the founders of the Commonwealth may be more 
clearly and generally understood. 

It is not surprising that there should be misconception upon 
this subject, when it is considered that the materials of the his- 
tory of that time are widely dispersed, and often contradictory ; 
malice manufacturing misrepresentations, prejudice engender- 
ing error, and mistake and carelessness causing fact and fiction 
to be so intermingled, that it is not seldom that the discovery of 
truth is a laborious task. 

How many persons there are in the community, who, at this 
day, suppose that the celebrated so-called " Blue Laws of Con- 



358 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

necticut" are the veritable legislation of the Puritan Colony there I 
The fact that one of them purports to provide, that " No one 
shall run on the Sabbath day, or walk in his garden or elsewhere, 
except reverently to and from meeting ; " and another that " No 
woman shall kiss her child on the Sabbath, or on a fasting day," 
— might lead to a doubt ; ^ but all this is deemed consistent with 
the spirit of the time, enforcing a strict observance of that holy 
day. 

How few persons know that many of these " Blue Laws " are 
but the jokes of the wits and humorists of a subsequent age, for 
the purpose of sport and ridicule, having no enduring existence 
until Dr. Samuel Peters collecting, and probably adding to them, 
inserted, in what purported to be " A General History of Con- 
necticut," a sketch, as he said, of laws made by the independent 
Dominion of New Haven, denominated " Blue Laws " by the 
neighboring colonies, and never suflered to be printed!^ The 
whole work has been shown to be so untruthful that the appear- 
ance of these so-called " Blue Laws " there, is of itself primd 
facie evidence that they are fictitious.^ 

If we consider what a vast mass of contradictory material has 
accumulated within the last decade, to perplex the future histo- 
rian of the late war, we shall cease to wonder that much may be 
done, even at the present day, by a diligent student of history, 
to elucidate the ends and aims of the Puritan Fathers of 
1630. 

It is because of the dispersion of material, and of the contra- 
dictory opinions which have been entertained respecting the 
rights, objects, and purposes of the founders of the Common- 
wealth, that I have deemed it not only a duty, but a pleasure, to 
answer the call made upon me to add a small contribution, such 
as it may be, to the present attempt of the Historical Society to 
illustrate the early history of Massachusetts. 

The subject assigned to me is " the Religious Legislation of 
Massachusetts," — involving, of covirse, the inquiry how far any 

1 Another may furnish Congress with a model of brevity, in making up an " om- 
nibus bill," near the close of a session: "\o one shall read Common Prayer, keep 
Christmas or Saints days, make minced pies, dance, play cards, or play on any in- 
strument of music, except the drum, trumpet, and jews-harp." 

■^ See Gen. Hist. Conn. 63. 

' See Prof. Kingsley's Hist. Discourse at New Haven, 1838. pp. 35, 56, 83, 104. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 359 

such legislation was lawful under the original charter, — and 
this, in turn, depending upon the question, to what extent the 
grantees had any right of legislation, properly so called, by the 
provisions of that instrument. 

Upon this question the opinions have been much at variance, 
according as the charter has been regarded as instituting a cor- 
poration for trading purposes, or as the constitution and founda- 
tion of a government. That the grantees who settled here 
regarded it as the latter, and acted upon that construction, is 
apparent from their action at the outset, and throughout. But 
those opposed to them, contended at the time, that the former 
was its true intent and meaning, and historians have perpetuated 
that opinion. Minot, in his History of Massachusetts, says, — 

" This charter, from the omissions of several powers necessary 
to the future situation of the Colony, shows us how inadequate the ideas 
of the parties were to the important consequences which were about 
to follow from such an act. The Governor, with the assistants and 
freemen of the company, it is true, were empowered to make all laws, not 
repugnant to those of England ; but the power of imposing fines, mulcts, 
imprisonment, or other lawful correction, is expressly given according to 
the course of other corporations in the realm ; and the general circum- 
stances of the settlement, and the practice of the times, can leave us no 
doubt that this body-politic was viewed rather as a trading company resid- 
ing within the kingdom, than, what it very soon became, a foreign govern- 
ment exercising all the essentials of sovereignty over its suljjects." ^ 

He proceeds to speak of divers laws as having been made by 
the grantees, of their own motion and without any authority 
under the charter, and, after referring to the force of habits and 
prejudices, adds, — 

" But such was the force of these habits and prejudices, .ind so prone 
are mankind to place unlimited confidence in their government, when un- 
provoked by the usurpation and abuse of power, that the people of Mas- 
sachusetts may be said to have submitted to a system of laws, by which the 
freedom of action was abridged, and to have voluntarily yoked themselves 
to an ecclesiastical authority, by which the rights of conscience lost, for a 
time, the very principles that their emigration had avowed." 

Bancroft, who aspires to be the historian of the United 
States, writes, — 

1 See Minot, p. 19. 



360 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

" The charter, which bears the signature of Charles I.,^ and which was 
cherished for more than half a century as the most precious boon, estab- 
lisiied a corporation, like other corporations within the realm. The .asso- 
ciates were constituted a body-politic by the name of the Governor and 
Company of the Massachusetts Bay in New England. The administra- 
tion of its affairs was intrusted to a governor, deputy, and eighteen assist- 
ants, who were to be annually elected by the stockholders or members of 
the corporation. Four times a year, or oftener if desired, a general 
assembly of the freemen was to be held ; and to these assemblies, which 
were invested with the necessary powers of legislation, inquest, and super- 
intendence, the most important affairs were referred. No provision re- 
quired the assent of the King to render the acts of the body valid ; in his 
eye it was but a trading corporation, not a civil government ; its doings 
were esteemed as indifferent as those of any guild or company in Eng- 
land; and if powers of jurisdiction in America were conceded, it was only 
from the nature of the business in which the stockholders were to en- 
gage." — "The charter designedly granted great facihties for colonization. 
It allowed the company to transport to its American territory any persons, 
whether English or foreigners, who would go willingly, would become 
lieges of the English king, and were not restrained ' by especial name.' It 
empowered, but it did not require the Governor to administer the oaths 
of supremacy and allegiance ; yet the charter, according to the strict rules 
of legal interpretation, was far from conceding to the patentees the privi- 
lege of freedom of worship. Not a single line alludes to such a purpose ; 
nor can it be implied by a reasonable construction from any clause." 

He says further, — "The political condition of the colonists was not 
deemed by King Charles a subject worthy of his consideration. FuU 
legislative and executive authority was conferred not on the emigrants, 
but on the company, of which the emigrants could not be active members, 
so long as the charter of the corporation remained in England. The 
associates in London were to establish ordinances, to settle forms of gov- 
ernment, to name all necessary officers, to prescribe their duties, and to 
establish a criminal code. Massachusetts was not erected into a province, 
to be governed by laws of its own enactment ; it was reserved for the 
corporation to decide what degree of civil rights its colonists should 
enjoy." 

Again, — " The charter on which the freemen of Massachusetts succeeded 
in erecting a system of independent representative liberty, did not secure 

• This, by the way, is a mistake in the outset. Charles Csesar, tlie Master in 
Cliaiicery, before whom Governor Craiiock took tlie oatli of office, and wliose name 
is appended to a certificate of that fact, at tlie bottom of the cliarter, was not 
Charles I. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 361 

to them a single privilege of self-government ; but left them, as the Vir- 
ginians had been left, without one valuable franchise, at the mercy of a 
corporation within the realm. This was so evitleut, that some of those 
who had already emigrated, clamored that they were become slaves.' 

" It was equally the right of the corporation to establish the terms on 
which new members should be admitted to its freedom. Its numbers could 
be enlarged or changed only by its own consent. 

" It was perhaps imjilied, though it was not expressly required, that 
the affairs of the company should be administered in England ; yet the 
place for holding the courts was not specially appointed. Wliat if the 
corporation should vote the emigrants to be freemen, and call a meeting 
beyond the Atlantic? What if the Governor, deputy, assistants, and free- 
men should themselves emigrate, and thus break down the distinction 
between the colony and the corporation ? - The history of Massachusetts 
is the counterpart to that of Virginia : the latter obtained its greatest lib- 
erty by the abrogation of the charter of its company ; the former by a 
transfer of its charter, and a daring construction of its powers by the suc- 
cessors of the original patentees." ' 

Now I may remark that it is quite possible Charles I. was 
not very careful to scrutinize the effect of the powers which he 
assumed to confer by the charter. 

The lands granted (with a vast extent of territory besides, 
claimed by the Crown) were, notwithstanding the glowing ac- 
counts of some navigators respecting the fisheries, deemed of 
such small importance that they came very near falling entirely 
under the jurisdiction of other governments, from the mere neg- 
lect of the English Government to take possession ; and so far 
as any direct independent action of the Crown was concerned, 
such would have been their fate. The patent to the Great 
Council of Plymouth, procured by individuals, probably saved 
them as a British possession. 

And along with this supposition of a Jack of value in the ter- 
ritory, King Charles could not have been ignorant of the general 
character, political and religious, of the proposed emigrants, and 
might well have considered that it was quite immaterial what 

1 These were the "old planters," — squatters, before the charter was grauteil 

2 If they might do so, it would appear that the charter did secure to them some 
privileges of self-government, and that they were not necessarily at the mercy of a 
corporation within the realm. 

3 See Bancroft, vol. i. pp. 342-345. 



362 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

powers were given to the grantees, to be exercised on the other 
side of the Atlantic, if thereby England would be rid of a class 
of people imbued with notions of republican freedom, and likely 
to be very troublesome as nonconformists, if they remained 
there. 

If he could have cleared his kingdom of many more of a simi- 
lar character, by a like process, he would have saved his crown 
and his life. 

On the other hand, it is possible that the grantees were not 
fully aware of the extent of the powers conferred by the charter 
as they subsequently construed its provisions ; but this admits 
of grave doubt. We may safely infer that the original draft was 
made by counsel employed by the applicants, and submitted to 
the crown lawyers for examination. It is not to be supposed 
that the crown officers would undertake the duty of preparing a 
document which had so much of a private character attached to 
it ; and as it bears upon its face evidence that it was very care- 
fully drawn up, apparently, so as to confer power without giving 
offence, we can hardly make a presumption that none of the 
grantees understood its full scope and effect. It is quite clear, 
however, that they did not anticipate such an influx of emigra- 
tion that the very success of their experiment, so far as popula- 
tion was concerned, should have been its overthrow in some of 
its most important religious aspects. 

But the question is not so much what the King, or other 
persons, may have supposed respecting the subject, as what 
provisions were contained in the charter. 

Whatever rights the charter purported to grant, vested lawfully 
in the grantees. 

The title to unoccupied lands belonging to Great Britain, 
whether acquired by conquest or discovery, was vested in the 
Crown. The right to grant corporate franchises was one of the 
prerogatives of the King. And the right to institute and to 
provide for the institution of colonial governments, whether by 
charter, proprietary grant, or commission, was likewise one of 
the prerogatives. Parliament had then nothing to do with the 
organization or government of colonies. 

The confirmation, therefore, in the charter, of the grant of the 
lands from the Council of Plymouth (which derived title from 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 363 

the grant of James I., and which could grant the lands, but could 
not grant nor assign powers of government), with a new grant, 
in form, of the same lands, gave to the grantees a title in socage ; 
substantially a fee-simple, except that there was to be a rendition 
of one-fifth of the gold and silver ores. The grant of corporate 
powers, in the usual form of grants to private corporations, con- 
ferred upon them all the ordinary rights of a private corporation, 
under which they could dispose of their lands, and transact all 
business in which the company had a private interest. And the 
grant of any powers of colonial government, embraced in the 
charter, was valid and effective to the extent of the powers 
which were granted, whatever those powers might be ; the whole, 
as against the corporation, being subject to forfeiture for suffi- 
cient cause. 

The grant and confirmation of the lands, and the grant of 
mere corporate powers for private purposes, were private rights, 
which vested in the grantees; and which the King could not 
divest, except upon some forfeiture regularly enforced. Upon 
such forfeiture, the corporation would be dissolved, and all of 
the lands belonging to it would revert, in the nature of an 
escheat. But this would not affect valid grants previously 
made by it. 

The grant of power to institute a colonial government, being 
a grant not for private but for public purposes, may have a 
different consideration. Whether by reason of its connection 
with the grant of the lands and of ordinary corporate powers, it 
partook so far of the nature of a private right, that it could not 
be altered, modified, or revoked, except on forfeiture, enforced by 
process; or whether this part of the grant had such a public 
character, that the powers of government were held subject to 
alteration and amendment ; — is hardly open to discussion. At 
the present day it is held, that municipal corporations, being for 
public uses and purposes, have no vested private rights in the 
powers and privileges granted to them, but that they may be 
changed at the pleasure of the government. That principle 
seems to be equally applicable to a grant of colonial powers of 
government ; and the better opinion would seem to be, tliat it was 
within the legitimate prerogative of the King, at that day, to 
modify, and even to revoke, the powers of that character which 



364 CHARTEB AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

had been granted by the Crown, substituting others appropriate 
for the purpose.! 

If the King had assumed to revoke the powers of government 
granted by the charter, without substitution, or if he had im- 
posed any other form of government, by which the essential 
features of that which was constituted under the charter would 
have been abrogated, it might have been an arbitrary exercise of 
power, justifying any revolutionary resistance which the Colony 
could have made. But the Crown, under the then existing laws 
of England, must have possessed legally such power over the 
Colony as the legislature may exercise over municipal corporations 
at the present day. The charter, so far as the powers of govern- , 
ment were concerned, could not be treated as a private contract. 

The charter was originally the only authority for the govern- 
ment of the territory embraced in it. The Council at Plymouth, 
in the county of Devon, never attempted to exercise powers of 
government over the Colony of Massachusetts ; and there was 
no compact or agreement to form a government. The grantees 
professed, in all they did, to act under the charter, and, as they 
contended, according to the charter. 

We are to look to the terms of the charter, therefore, and to a 
sound construction of its provisions, to ascertain what rights of 
legislation, religious or otherwise, were possessed by the gran- 
tees. 

The charter bears date March 4, 1628 [29]. 

From a careful examination of it, I have no hesitation in 
maintaining five propositions in relation to it. 

1. The charter is not, and was not, intended to be an act for 
the incorporation of a trading or merchants' company merely. 
But it was a grant which contemplated the settlement of a 
Colony, with power in the incorporated company to govern that 

1 If this distinction between public and private corporations, well settled at the 
present time, was not then recognized, it is not because there has been a change of 
principle since that period ; but because the principles wliich govern these two de- 
scriptions of corporate rights were not then well developed ; and hence the claim of 
the Crown to power over both public and private rights, and the claims of the colo- 
nists under their charter, without any distinction between the two. When a right 
application is made of this principle to the colonial history, it will show that the 
complaints of the colonists of infringement of their charters were not all well 
founded. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 365 

Colony. — This is shown from its whole structure, in the provis- 
ions relating to government, which I shall specify particularly 
under the other propositions, and moreover in the power given 

"to the Governor and Company, and their successors," — "that it shall 
and may be lawful to and for the chief commanders, governors, and 
officers of the said company for the time being who shall be residents in 
the said part of New England in America by these presents granted, and 
others there inhabiting, by their appointment and direction, from time to 
time, and at all times hereafter, for their special defence and safety ; to en- 
counter, expulse, repel, and resist, by force of arms and by all fitting ways 
and means whatsoever, all such person and persons, as shall at any time 
hereafter attempt or enterprise the destruction, detriment, or annoyance 
to the said plantation or inhabitants, and to take and surprise by all ways 
and means whatsoever, all and every such person or persons with their 
ships, armor, munition, and other goods, as shall in hostile manner in- 
vade, or attempt the defeating of the said plantation, or the hurt of the 
said company and inhabitants." 

Here is a complete grant of the power to make defensive war, 
without any order from, or recourse to, the Crown ; and, of 
course, according to the judgment of the company and its 
officers. 

2. The charter authorized the establishment of the govern- 
ment of the Colony within the limits of the territory to be 
governed, as was done by the vote to transfer the charter and 
government. 

I am aware that Mr. Justice Story, in his Commentaries on 
the Constitution, says, " It is observable that the whole structure 
of the charter presupposes the residence of the company in 
England, and the transaction of all its business there." ^ But 
that position cannot be maintained. I venture to say, that there 
is no provision in the charter, which either expressly, or by 
implication, presupposes such residence. On the contrary, if it 
cannot be asserted that the whole scope of the charter com- 
templates (he establishment of the government within the 
Colony, it will be found that it contains provisions which it 
would have been next to impossible to execute, except by a 
transfer of the charter and government to the place to be 
governed. 

' 1 Story's Com. on the Const. § 64. 



366 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

The charter provides that there shall, or may be, four general 
assemblies, which shall be styled and called the four great and 
General Courts of the company, in which, in the manner there 
provided, the Governor, or deputy, and such of the assistants and 
freemen of the company, as shall be present, " shall have full 
power and authority to choose, nominate, and appoint such, and 
so many others, as they shall think fit, and that shall be willing 
to accept the same, to be free of the said company and body, 
and them into the same to admit ; and to elect and constitute 
such officers as they shall think fit and requisite, for the ordering, 
managing, and despatching of the affairs of the company." 

Is it possible to believe that none of the emigrants, — the 
very men most interested in the administration of the affairs of 
the company, — were to be admitted as freemen, so as to have 
a voice ? It would seem much more probable that it should have 
been intended they should form a majority. But how were 
they to attend the four General Courts, if these were held in 
England ? 

The clauses in relation to the election and removal of officers, 
and to the administration of the oaths of office, are still more 
significant. 

" Yearly, once in the year," namely, the last Wednesday in 
Easter term, the Governor, deputy governor, and assistants, and 
all other officers of the company, were to be " newly chosen for 
the year ensuing," in the General Court, or assembly, to be held 
for that day and time, by the greater part of the company, for 
the time being, then and there present. And in case the Gov- 
ernor, deputy governor, any of the assistants, or a7iy other of the 
officers to be appointed for the company, should die, or be re- 
moved (power being given to the company to remove for any 
misdemeanor or defect), it was made lawful for the company, in 
any of their assemblies, to proceed to a new election in the place 
of the officer so dying or removed; "and immediately upon and 
after such election," the authority, office, and power, before given 
to the officer removed, were to cease and determine. 

By another provision of the charter, the Governor, deputy 
governor, assistants, and all other officers to be appointed and 
chosen, were required before they undertook the execution of 
their respective offices, to take an oath for the faithful perform- 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 307 

ance of their duties. The Governor was to take the oath of 
office before the deputy governor, or two of the assistants ; and 
the deputy governor, and assistants, and all other officers chosen 
from time to time, were to take their oaths before the Governor 
of the company. 

It is readily seen that these provisions of the charter could be 
conveniently executed, if the company was within the Colony, 
and the government administered there. And a very slight 
examination shows how nearly impossible it would be to ex- 
ecute them, if the Colony was to be governed by a company in 
England. In the case of the death of the incumbent of an 
office, the duties of which were to be performed in the Colony, 
it would take a month for the intelligence of the decease to 
reach the company in England, and at least a month or sLx 
weeks more, ordinarily a much longer time, for a notice of the 
new election to reach the Colony ; during which time, there 
would be no regular officer to perform the duties. 

Is it answered that provision could be made by law, that in 
such case the duties should be performed by some other officer? 
That will not apply to the case of a removal, as it could not be 
known that the officer was removed, until a month or six weeks 
after the removal was made, and yet the office would be vacated 
at the time of the removal by the company in England ; the 
officer performing acts supposed to be official, but which would 
be void. 

The provision in relation to the oaths of office would be more 
nearly impracticable. All the officers, as we have seen, whether 
newly elected at an annual election, or to fill vacancies occasioned 
by death or removal, were to take the oath of office before they 
could execute the duties of the office; so that if the company 
remained in England, and the General Courts were held there, 
all the officers chosen for the managing and despatching of the 
affairs of the company, who resided in the plantation, and most 
of them must be there, would have to go to England to take 
their oaths of office, before they could execute their offices ; or, 
the Governor would be obliged to be in the plantation to admin- 
ister the oaths there, after notice who were elected ; and after 
each annual election, the deputy governor, or two assistants, 
must first administer the oath to him, before he could go to tlie 



368 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

plantation, or if he were there, must go themselves to the planta- 
tion to find him, and administer the oath there, before he could 
administer the oaths to others. Such a state of things would 
furnish too great a temptation, in any but a Puritan community, 
to some other oaths than oaths of office. 

It has been suggested that in the clause authorizing the 
General Court to make laws, there is a provision which would 
authorize a law, by which other persons than the Governor, 
deputy governor, or assistants, might administer oaths ; and this 
may be true in relation to oaths to be administered to any 
officers, other than " all other officers to be hereafter chosen as 
aforesaid, from time to time," by the company, although the 
provision refers more particularly to laws prescribing the forms 
of oaths than to the administration of them, as will be seen by a 
reference to the provision itself. 

If, however, it is assumed that it conferred power to make 
laws for the administration of oaths by such persons as the laws 
of the Colony should prescribe, it must be limited to officers 
other than those chosen by the company. It could not be con- 
strued to authorize a law providing for the administration of 
oaths to the Governor, deputy governor, assistants, or to " all 
other officers to be appointed and chosen as aforesaid " (that is, 
to all officers of the company), otherwise than according to the 
special provisions of the charter already considered prescribing 
before whom they should take their oaths ; for, thus construed, it 
would give a power to make laws contradictory to the provisions 
of the charter itself, which would be a construction entirely in- 
admissible. 

No general provision authorizing the making of laws, " for the 
settling of the forms and ceremonies of government and magis- 
tracy," " for naming and styling of all sorts of officers, both 
superior and inferior," for " setting forth the duties, powers, and 
limits, of every such office and place, and the forms of such 
oaths warrantable by the laws and statutes of this our realm of 
England, as shall be respectively ministered unto them," &c., 
can operate to abrogate the special provisions which precede it; 
— authorizing the election of officers, annual elections, appoint- 
ments in case of death and removal, and providing that " the 
newly elected deputy governor, and assistants, and all other 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 369 

officers to be hereafter chosen as aforesaid, from time to time 
shall take the oaths to their places respectively belonging before 
the Governor of the company for the time being." 

Who, then, were the other officers to be hereafter chosen, as 
aforesaid, from time to time, respecting whom it was specially 
provided that they should take their oaths before the Governor ? 
Certainly not merely the secretary, treasurer, and other persons, 
who should be directly connected with the meetings of the com- 
pany. If the King had undertaken to plant a Colony, to prescribe 
the laws, and to appoint the officers; all the officers, — judges, 
sheriffs, attorney-general, &c., appointed by him, would have 
been officers of the Crown. When, instead of this, he com- 
mitted the planting, ruling, appointing officers, &c., to the com- 
pany; the judges, sheriffs, justices of the peace, and other officers 
appointed directly by the company, were officers of the com- 
pany, as much so as the secretary and treasurer; and, as 
such, they were among the " other officers," who were required 
by the charter, to take their oaths before the Governor. Legis- 
lation providing for the administration of oaths to officers 
not appointed by the company might be valid ; as would be 
provisions for the administration of oaths to jurymen, wit- 
nesses, &c. 

If we infer that there was no supposition that the plantation 
would become so large as to require a great force of officers, it 
does not change the construction of the charter. 

I admit that there were some proceedings which tend to show, 
that the requirements of the charter in respect to oaths were 
not fully understood by the members of the company generally. 
At the General Court in England, on the .jOtli April, 1629, 
Endicott, who had come over as governor of the plantation, 
before the charter was granted, was elected or confirmed as 
governor, and a deputy governor and council were appointed; 
and it was ordered, that the Governor, deputy governor, and 
council then in New England, should make choice of a sec- 
retary and other needful officers, and should frame and ad- 
minister to them such oaths as they should think good. But 
this was very soon after the charter was procured, and while its 
provisions were imperfectly understood, as is evident from the 
fact that, at the same meeting, it was ordered, that Governor 

24 



370 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Endicott, or his deputy, and the council, having taken their 
oaths, — 

" shall have full power and authority, and they are hereby authorized, by 
power derived from His Majesty's letters patent, to make, ordain, and 
establish all manner of wholesome and reasonable orders, laws, statutes, 
ordinances, directions, and instructions, not contrary to the laws of the 
realm of England, for the jjresent government of our plantation, and the 
inhabitants residing within the limits of our plantation, a copy of all which 
orders is to be sent to the company in England." ^ 

It is quite clear, that those who passed this vote to confer upon 
the administrative government in the plantation — "by power," 
as they alleged, " derived from His Majesty's letters patent" — 
full authority to make laws, while the company to which the 
power was granted existed in England, had not an exact compre- 
hension of the nature and character of the charter ; for this vote 
assumed, that the power to make laws was assignable, or rather 
that it might be duplicated. Whether there were those who had 
a better knowledge, but thought that some such measure was 
necessary until the charter and government could be transferred, 
cannot now be known. 

The attempt at two governments, in a modified form, con- 
tinued some time afterwards. 

" It was thought fit, in making the transfer, that the government of per- 
sons should be held in the plantation, and the government of trade and 
merchandise should be in England." 

These proceedings occasioned the charge in the quo ivarranto, 
in 1635, that they held two councils, — one in England, and the 
other in America. 

Authority was also given by the charter to the Governor, 
deputy governor, or any two assistants, to administer " the oath 
and oaths of supremacy and allegiance, or either of them, to all 
and every person and persons, which shall at any time or times 
go to or pass to the lands and premises " granted, to inhabit the 
same. 

Persons, not subjects, might go with the assent of the com- 
pany. Suppose there had been a disposition to administer 
these oaths, and all persons had been required, in conformity 

1 See Mass. Records, vol. i. pp. 38, 361, 386 ; Hazard's Coll., vol. i. pp. 256, 268. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 371 

with this authority, to take them : were persons proposing to 
emigrate, to seek, in England, for the officers authorized to 
administer them, and take the oaths before embarkation ? Were 
strangers, — foreigners, — expected to' do so? 

The absurdity of provisions intended to operate in the manner 
stated, more especially in relation to removals and the adminis- 
tration of the oaths of office, furnishes plenary evidence that no 
construction was intended confining the company to England ; 
and we are led, therefore, to the conclusion, that the transfer 
was not only beyond exception, but that it was perhaps con- 
templated by some of the parties interested, when the charter 
was granted. 

The intrinsic difficulty of making laws for and governing 
such a colony by a corporation having its locality in England, 
would seem to be so apparent as to be evidence respecting the 
intent, and the true construction of the charter. 

It was necessarily within the scope of the charter, that the 
grantees should occupy and cultivate the lands confirmed and 
granted by it, in the place where they were situated. It was 
equally, if not necessarily, within its scope, to exercise the private 
corporate privileges which related to those lands, in the place of 
their location, — and to institute and administer the political 
government, over the persons settled upon them, in the place 
which they inhabited. 

There is also strong extraneous evidence to show, that there 
must have been a supposition, on the part of some of those con- 
cerned, that the charter and government would be transferred at 
an early day. Before the charter was obtained, and, it seems prob- 
able, during the time in which efforts were making to procure it, 
the grantees, under the grant from the Council of Plymouth, had 
adopted measures for the settlement of the plantation. Endicott 
embarked in June, 1628 ; arriving in September, with power to 
manage their affairs, and it appears with the title of Governor. 
A letter was addressed to him and others, April 17, 1629, inform- 
ing them that the charter was obtained, confirming him as 
governor, and joining seven persons with him as a council. 
Then came the proceedings of April 30th already referred to. 
The experience of less than a year may have shown the neces- 
sity of having oaths of office administered in the plantation, and 



372 CHAETER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

of having the laws made where they were to be administered, 
and thus have led to the orders of that date, without much 
study of the charter itself, by those members of the company 
who had not been actively engaged in procuring it ; while those 
who better understood its provisions, in view of the probable 
transfer of the charter and government in a short time, did not 
deem it expedient to interpose objections. 

At a General Court under the charter, May 13, 1629, Cradock 
was elected governor of the company for the year ensuing.^ 
But at a court held July 28th, " Mr. Governor read certain prop- 
ositions, conceived by himself; viz., that for the advancement of 
the plantation, the inducing persons of worth and quality to 
transplant themselves and families thither, and for other weighty 
reasons therein contained, to transfer the government of tho 
plantation to those that shall inhabit there, and not to continue 
the same in subordination to the company here, as it now is." 
Those present were desired privately and seriously to consider 
of it, and produce their reasons at the next General Court, and 
in the mean time to carry the business secretly that it be not 
divulged.^ 

This was, doubtless, in connection with the negotiations with 
Winthrop and others, to come over and settle. But following 
so closely upon the grant of the charter, and taken in connection 
with its provisions, the inference is strong, I think, that the mat- 
ter had been previously agitated among some of those interested. 

At a General Court held August 29th, the reasons ■pro and 
contra having been heard, it appeared, by a hand vote, that it 
was the general desire and consent of the company, that the 
government and plantation should be settled in New England, 
and it was ordered accordingly.^ 

Other evidence is derived from the fact, that no objection 
appears to have been made by the King or his Council, which 
strengthens the inference that the crown lawyers, who examined 
the charter, must have supposed that such a movement was 
probable. 

Mr. Justice Story says, " The power of the corporation to make the 
transfer has been seriously doubted, and even denied. But the boldness 

1 Mass. Records, vol. i. p. 40. 2 Mass. Records, vol. i. p. 49. 

•* Mass. Records, vol. i. p. 51. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 373 

of the step is not more striking than the silent acquiescence of the King 
in permitting it to take place." ' 

If, however, we suppose that some of his councillors, when 
the charter was examined, saw that this might be done, the 
wonder ceases.^ 

Upon petition of Sir Christopher Gardiner, Sir Ferdinando 
Gorges, and Captain John Mason, growing in part, doubtless, 
out of Gardiner's grievances, and in part, probably, out of the 
conflict of title in the others, but representing " great distraction 
and much disorder " in New England, the matter was referred 
to the Privy Council, and examined by a committee, who heard 
the complainants, and divers of the principal adventurers. 
Whereupon, without determining certain contested matters of 
fact, resting to be proved by parties that must be called from the 
Colony, the Council, Jan. 19, 1632, " not laying the fault or 
fancies (if any be), of some particular men, upon the general 
government or principal adventurers,"^ thought fit to declare 
" that the appearances were so fair, and liopes so great, that the 
country would prove both beneficial to this kingdom, and prof- 
itable to the particulars, as that the adventurers had cause to go 
on cheerfully with their undertakings ; and rest assured that if 
things were carried as lyretended when the patents were granted, 
and accordingly as hy the patent is appointed, his Majesty would 
not only maintain the liberties and privileges heretofore granted, 
but supply any thing farther that might tend to the good govern- 
ment, prosperity, and comfort of his people there, of that 
place." * This shows, conclusively, not only that no objections 
were then taken by the Privy Council to the transfer of the 
charter and government, but that none were taken to the general 
exercise of the powers of a colonial government, in the manner 
in which the grantees were exercising them. 

Winthrop, in his History of New England, referring to the 
first intelligence of this proceeding, says, " The principal matter 

1 1 Story's Cora., § C5. 

- Tliese matters are not material to the determination of tlie question whether 
the transfer was lawfully made. But the inference th.-it it was orijiiually con- 
templated seems so strong, that I have deemed it expedient to call attention to the 
facts. 

3 Ilutcli. Coll. Papers, p. 53. 

* Hutch. Coll. Papers, p. 54; Chalm. Annals, vol. i. p. 155; Neal's Hist., p. 154. 



874 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

they had against us, was the letters of some indiscreet persons 
among us, who had written against the church government in Eng- 
land." 1 But in a subsequent paragraph, having then, it is to be pre- 
sumed, received a copy, he speaks of the petition, as "accusing 
us to intend rebellion, to have cast off our allegiance, and to be 
wholly separate from the church and laws of England; that our 
ministers and people did continually rail against the State, and 
church, and bishops there," &c. Sir Richard Saltonstall, Mr. 
Humfrey, and Mr. Cradock were called before a committee 
of the Council, and a hearing was had. Winthrop says fur- 
ther, that — 

" The king, when the matter was reported to him by Sir Thomas 
Jermyn, one of the Council, who spoke much in commendation of the 
Governor, both to the lords, and afterwards to his Majesty, said that he 
■would have them severely punished, who did abuse his governor and the 
plantation ; that the defendants were dismissed with a favorable order for 
their encouragement, being assured by some of the Council, that his 
Majesty did not intend to impose the ceremonies of the C'lmrch of Eng- 
land upon us, for that it was considered, that it was the freedom fiom such 
things that made people come over to us." " 

There were subsequent complaints from two classes of per- 
sons, — those who had adverse territorial claims, and those who 
had experienced the discipline of the Colony. Mason was par- 
ticularly active, insomuch that Winthrop appears to have been 
resigned to the providence of God, which, in 1635, " in mercy, 
taking him away," terminated his efforts to overthrow the 
government.^ 

In February, 163-3-34, on the understanding of the trans- 
portation of great numbers to New England, among them 
"divers persons known to be ill affected, discontented not only 
with civil, but ecclesiastical government here, whereby such 
confusion and distraction is already grown there, especially in 
point of religion, as, beside the ruin of the said plantation, 
cannot but highly tend to the scandal both of Church and State 
here," there was an order of the King in Council to stay divers 
ships then in the Thames, ready to set sail, with an order that 
the masters and freighters should attend the Council, and a 

1 Winthrop's Hist., vol. i. p. 100. 2 ib., p. 103. 3 lb., p. 187. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 375 

further order, " that Mr. Cradock, a chief adventurer in that 
plantation, now present before the board, should cause the letters 
patent for the plantation to be brought before this board." i 

The ships were permitted to sail, on representations respecting 
the commercial interests which would be affected by their deten- 
tion ; and it would seem from what followed, that Cradock 
answered, that the charter was in the hands of Wintlirop. 

Laud became Archbishop of Canterbury in 1633 ; and his in- 
fluence may perhaps be traced in this action of the Privy 
Council. Winthrop attributes it to "the archbishops and others 
of the Council ; " and supposes that the intention was " to call 
in our patent." ^ 

Shortly afterwards, on the 28th of April, 1634, a commission 
for regulating plantations, was issued to the Archbishop of 
Canterbury, the Lord Keeper, and others, most, if not all, of them 
members of the Privy Council, giving them, among other things, 
power of protection and government over the colonics planted 
and to be planted, " power to make laws, ordinances, and con- 
stitutions, concerning either the Stale public of the said colonies, 
or utility of private persons, and their lands, goods," (Sec. ; " and 
for relief and support of the clergy ; " " and for consigning of con- 
venient mainteriance unto them by tithes," &c. ; power to inflict 
punishment on offenders by imprisonment and other restraints, 
or by loss of life, or members ; power to hear and determine all 
complaints, whether against the whole colonies, or any gov- 
ernor, or officer. And then comes a clause, the intent of which 
may readily be discovered from what followed. 

" And we do, furthermore, give unto you, or any five or more of you, 
letters patents, and other vfritings whatsoever, of us or of our royal pre- 
decessors granted, for or concerning the planting of any colonies, in any 
countries, provinces, islands, or territories whatsoever, beyond the seas ; 
and if, upon view thereof, the same shall appear to you, or any five or 
more of you, to have been surreptitiously and unduly obtained, or that 
any privileges or liberties therein granted, he hurtful to us, our Crown or 

1 Hutch. Hist., vol. i. p. 33. From the order in which these proceedings are stated 
in Huhbard and Hutchinson, it would appear, that the King's expression of satisfac- 
tion was at the close of this hearing in 1633 ; but the dates in Winthrop's History 
show that to have been the year previous. Hubbard's dates in regard to these 
matters are not trustworthy. 

2 Winthrop, vol. i. p. 135. 



376 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

prerogative royal, or to any foreign princes, to cause the same, according 
to the laws and customs of our realm of England, to be revoked ; and to 
do all other things which shall be necessarj-, for the wholesome govern- 
ment and protection of the said colonies and our people therein abiding."' 

It appears from a recital in a subsequent order, made in 1638, 
that the Commissioners, in 1634 or 1635, gave an order " to 
Mr. Cradock, a member of that plantation, to cause the grant or 
letters patent of that plantation (alleged by him to be there 
remaining in the hands of Mr. Winthrop) to be sent over hither." 

In pursuance of the project for a general governor for the 
■whole of New England, Gorges was directed to confer with the 
Council at Plymouth, to resolve whether they would resign their 
patent; and in April, 1635, the Duke of Lenox and others of 
that company, supposed to be acting in Gorges' interest, pre- 
sented to the Lords of the Council ^ a petition, proposing to 
surrender ; but praying, among other things, that the patent for 
the plantation of the Massachusetts Bay might be revoked. 

Under the direction of the Commissioners, Sir John Banks, 
the Attorney-General, brought a quo warranto to enforce a for- 
feiture, in 1635. The process seems to have been founded upon 
an assumption, that the company had no rights whatever. 
There were fourteen allegations of usurpation ; denying the 
defendants' claim of title to land, their claims to be a corpora- 
tion, and to have the sole government of the country, &c. ; 
and alleging that they made laws and statutes against the laws 
of England. There was no allegation that they had unlawfully 
established the government within the colony ; but among the 
usurpations set forth was, — 

" to keep a constant council in England of men of their own company and 
choosing, and to name, choose, and swear certain persons to be of that 
council ; and to keep one council, ever resident in New England, chosen 
out of themselves, and to name, choose, and swear whom they please to 
be of that council." 

Also, to have several common seals.^ There was no service in 
the Colony ; * but service was made upon several of the grantees 

1 Hutch. Hist. (App.) vol. i. p. 502. 

2 The Commissioners for Foreign Plantations are often so called, and there is 
danger of confusion, unless care is taken to distinguish tlieir acts from those of the 
Privy Council. 

s Hutch. CoU. Papers, p. 101. < Hutch. Hist., vol. i. p. 86. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS/ 377 

who were in England, each of whom, except, Cradock, pleaded 
severally that he never usurped any of said liberties, and dis- 
claimed. Against them, there was judgment that they should 
not for the future intermeddle with any of said franchises, but 
should be for ever excluded from the use of the same. Cradock 
appeared, and then made default; upon which there was judg- 
ment that he should be convicted of the usurpation charged, and 
that the liberties, privileges, and franchises should be taken and 
seized into the King's hand. The process was pending about 
two years, and there was judgment of outlawry against the 
rest of the patentees.^ But this judgment availed nothing. 
Jones and Winnington, attorney and solicitor general, in 1G78, 
concurred in an opinion, "that neither the quo ivarranto was so 
brought, nor the judgment thereupon so given, as could cause a 
dissolution of the charter." ^ The particular reasons were not 
stated. But we may well suppose the reason to have been, that 
there was no service on the corporation, nor on any of the 
members in Massachusetts, nor any legal outlawry as againsi 
them, and judgment of seizure was rendered against Cradocl 
only. The reason for this probably was, that the process of the 
Court of King's Bench did not run into the Colony, because the 
Court had no jurisdiction there ; and there could, of course, be 
no legal service there. 

April 4th, 1638, the Lords Commissioners, taking into con- 
sideration that complaints grow more frequent " for want of a 
settled and orderly government in those parts ; " and, calling to 
mind their former order to Mr. Cradock, about two or three 
years since, to cause the patent to be sent over; and, being 
informed by the attorney-general that judgment had been entered 
in the quo icarranto, ordered that the clerk of the council, attend- 
ant upon them, should, in a letter from himself to Mr. Winthrop, 
convey their order; in which, "in his Majesty's name, and 
according to his express will and pleasure," as they said, they 
strictly required and enjoined him, or any other who had the 
custody, that they fail not to transmit the patent by the return 
of the ship ; — 

" it being resolved, that, in case of any fnrtlier neglect or contempt by 
them showed therein, their Lordships will cause a strict course to be 

1 Hutch. CoU. Papers, p. 103. "■ Chiilmers's Annals, vol. i. pp. 405, 439. 



878 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

taken against them, and will move bis Majesty to reassume into his 
hands the whole plantation." ^ 

The General Court replied, that they were much grieved that 
their Lordships should call in the patent, there being no cause 
known to them, and no delinquency or fault of theirs expressed 
in the order ; asking to know what was laid to their charge, and 
to have time to answer; assuring their Lordships that they were 
never called to answer the quo ivarranto ; and if they had been, 
they doubted not that they should have put in a suflicient plea ; 
and representing that, if the patent should be taken from them, 
they should be looked on as " runnigadoes " and outlaws, 
enforced to remove to some other place, or to return to their 
native country, either of which would put them to unsupportable 
extremities ; and that (among other evils enumerated) the com- 
mon people would conceive, that his Majesty had cast them off, 
and that they were freed from their allegiance, and thereupon 
would " be ready to confederate themselves under a new govern- 
ment, for their necessary safety and subsistence, which will be 
of dangerous example to other plantations, and perilous to our- 
selves of incurring his Majesty's displeasure." ^ 

These repeated calls for the patent were in fact demands for 
its surrender, and they so understood. 

Hutchinson says, " It was never known what reception this 
answer met with. It is certain that no further demand was 
made." ^ But he is mistaken. 

It appears from Winthrop's History, vol. i. p. 298, that in 
1639 — the precise date is not given — 

" The Governor received letters from Mr. Cradoek, and in them 
another order from tlie Lords Commissioners, to this effect ; tliat, wlioreas 
they had received our petition upon their former order, &c., by which 
they perceived, that we were taken with some jealousies and fears of their 
intentions, &e., they did accept of our answer, and did now declare their 

' Hutch. Coll. Papers, vol. i. p. 105. Hutchinson appends to a copy of tlie order 
this note : " Whether tlie intent of this order was, that the patent should he sent 
over, that the government of the colony might be under a corporation in England 
according to the true intent of the patent, or whether it was that tlie patent might 
be surrendered, is uncertain." But the quo warranio might have solved that doubt. 

2 Hutch. Hist. App., vol. i. p. 507 ; Winthrop, vol. i. p. 269. 

« Hutch. Hist., vol. i. p. 88. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 379 

intentions to be only to regulate all plantations to be subordinate to 
their said Commission ; and that they meant to continue our liberties, &c. ; 
and therefore did now again peremptorily require the Governor to send 
them our patent by the first ship ; and that, in the mean time, they did 
give us, by that order, full power to go on in the government of the 
people, until we had a new patent sent us ; and withal they added threats 
of further course to be taken with us, if we failed ! " 

The next paragraph of the History is a curiosity, and I cannot 
resist the temptation to copy it in full. It shows why Hutchin- 
son never heard of the reception, and the further demand : — 

" This order being imparted to the next General Court, some advised 
to return answer to it. Others thought fitter to make no answer at all ; 
because, being sent in a private letter, and not delivered by a certain 
messenger, as the former order was, they could not proceed upon it, be- 
cause they could not have any proof that it was delivered to the 
Governor ; and order was taken, that Mr. Cradock's agent, who delivered 
the letter to the Governor, &c., should, in his letters to his master, make 
no mention of the letters he delivered to the Governor, seeing that his 
master had not laid any charge upon him to tliat end." 

The Lords Commissioners frankly admit their object, in this 
last order. They intended to bring all the plantations into 
subjection under their commission. The charter stood in their 
way. They called for it, and it did not come. Process to 
enforce a forfeiture of it had failed. There was a very good 
reason for this thrice-repeated demand by the Commissioners. 
Their commission purported to give it to them, with authority 
to revoke it, if, upon view of it, they found any thing hurtful to the 
King, his crown, or prerogative royal. The possession of it was 
thus made necessary to a revocation by the Commissioners. A 
view of a copy was not sufficient. No reason is apparent why 
this might not have been made otherwise. Perhaps it would 
have been, if there had been apprehension of difficulty in obtain- 
ing possession. But so it stood. Therefore the repeated 
attempts to obtain a surrender, with the threats if it was not 
forthcoming. It was important to exhibit a semblance of a 
legal revocation. There were too many complaints of the 
exercise of arbitrary power in England, to render it expedient 
to add others in relation to the colonies. 

We have seen how the General Court disposed of the last 



380 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

demand ; and the King and Laud soon found other matters to 
occupy their attention. 

Now in all these proceedings, the character of which I have 
stated in detail, I find no trace of an allegation, that " the true 
intent of the patent " was, that the government of the Colony 
should be under a corporation in England ; and I submit, that 
the omission of such an allegation was a moral impossibility,, 
if it had been so understood, especially as the transfer of the 
charter caused the main obstacle to the efforts of the Commis- 
sioners to revoke it. 

The first appearance of an official objection which I have 
found, against the transfer, was in July, 1679, in the course of the 
difficulties in which Randolph was so conspicuous ; " when," as 
Chalmers says, "the King wrote to the General Court, and re- 
quired that other agents should be sent over, properly instructed ; 
giving as a reason, which struck at the foundation of its power, 
that, since the charter by its frame was originally to have been 
executed within the kingdom, otherwise than by deputy, it is not 
possible to establish perfect settlement till those things are better 
understood." ^ This objection is among the articles of high 
crimes and misdemeanors presented by Randolph to the Com- 
mittee of the Council, in 1682.^ But it finds no place in the 
process in Chancery, in 1684, in which a decree was entered, that 
the charter be vacated, and cancelled.^ 

Chalmers, in another place, states, that the Attorney-General, 
Sawyer, gave it as his official opinion, " that the patent having 
created the grantees and their assigns a body corporate, they 
might transfer their charter and act in New England." The 
reason thus stated, is certainly not satisfactory. Chalmers adds, 
that " the two Chief Justices, Rainsford and North, fell into a 
similar mistake, by supposing that the corporate powers were to 
have been originally executed in New England,"* — an opinion 
which I have endeavored to sustain, by the terms of the charter, be- 
fore I was aware of the high authority by which it was supported. 

Usage is permitted to give a construction to an ancient 
charter or deed, where there is an ambiguity. Here was a 
use of the powers of government under the charter, — holding 

1 Chalmers's Annals, vol. i. p. 408. 2 ib., p. 462. 

' Mass. Hist. Coll. 4th Series, vol. ii. p. 246. < Chalmers, p. 173. 



CHARTER AND RELIGIOUS LEGIST^ATION OP MASSACHUSETTS. 381 

General Courts, and transacting all the business of the corporation 
within the Colony, which, if unlawful, render^ all the acts 
done under it during the time legally invalid, — with no objection 
on the part of the Crown in that particular, although other objec- 
tions were made that the corporation had transcended its powers. 

If this is not strictly a " usage" within the general rule, it is a 
contemporaneous construction by all parties, which is as strong, 
and even stronger, evidence than usage, to give the true inter- 
pretation of an instrument. When we add to this the fact, that 
in two processes to enforce the forfeiture of the charter, there is 
an entire omission of any allegation that wrong had been done 
in this respect, the evidence is sufficient to overcome any, even a 
very grave, ambiguity. But the fact, that there is here no am- 
biguity, explains the absence of all objections. 

I am referred to " A copy of the docquet of the grant to Sir 
Henry Rosewell and others, taken out of the Privy-seal-office, at 
Whitehall," authorizing the draft of the charter; to show that it 
was the intention of the Crown or Council th-at the corporation 
should have its residence in England. It runs thus: — 

" A grant and confirmation unto Sir Henry Rosewell, his partners, and 
their associates, to their heirs and assigns for ever, of a part of America, 
called New-England, granted unto him by a charter from divers noblemen 
and others, to whom the same was granted by the late king James, with 
a tenure in socage, and reservation of one-third part of the gold and silver 
ore : Incorporating them by the name of the governor and company of the 
Massachusetts-Bay, in New-England, in America, with such otlier privi- 
leges, for electing governors and ofl[icers liere in England for the said 
company ; with such other privileges and immunities as were originally 
granted to the said noblemen and others, and are usually allowed to cor- 
porations here in England. His majesty's pleasure, signified by Sir Ralph 
Freemen, upon direction of the lord-keeper of the great-seal ; subscribed 
by Mr. Attorney-general ; procured by the lord viscount Dorchester ; Feb- 
ruary, 1 628. Memorandum. Their charter passed 4'" March following." ' 

I will admit that this is explicit enough to show that there 
was an intention when that minute was made, that the corpora- 
tion should have a local habitation in England. 

But I remark first, that by the plainest rules of evidence, 
this memorandum of the proceedings of the Council, prior to the 

1 Chalmers's Annals, vol. i. p. 147. 



382 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

grant of the charter, cannot be admitted as evidence to control 
or vary the provisions of this instrument, as actually drawn up, 
formally executed, with the great seal annexed, and made matter 
of record ; or to show the intention at the time of the final exe- 
cution. In the absence of all ambiguity, the intention is to be 
derived only from the instrument itself. 

My next remark is, that this " docquet," taken in connection 
with the charter itself, and other admitted facts, furnishes most 
plenary proof that the intention thus appearing, was in fact 
changed when the charter was afterwards drawn and authenti- 
cated. There would be no need of another "docquet" to show 
this, as the charter itself would and did show it. 

The palpable difference between the terms of this memorandum 
and the charter itself, in the omission of an express provision in the 
charter assigning a residence in England to the corporation, can 
be accounted for only on a change of intention upon that point. It 
was not a matter which could have slipped out accidentally, and 
the omission have escaped the scrutiny to which the charter must 
have been subjected after it was prepared, and before it passed 
the great seal. 

Further, the docquet shows an intention at that time, to 
grant such other privileges and immunities as were originally 
granted to the said noblemen and others (the Council at Ply- 
mouth), and are usually allowed to corporations in England. 
Here again, the great difference between the charter itself, and 
the intention shown by the minutes, is palpable evidence of a 
change of intention in this respect, also. It is sufficient to specify 
the difference in two or three particulars. 

The Council consisted of forty members, each of whom were 
to be presented to the Lord Chancellor, or the Lord High 
Treasurer, or the Lord Chamberlain of the Household, to take 
his oath. Power was given to the President, deputy, or any two 
councillors, to administer the oaths of allegiance and supremacy 
to all persons who should go to the Colony of New England ; 
and it was made lawful for them to minister oaths as well to 
persons employed by them, for the faithful performance of their 
service, as to other persons, for the clearing of the truth ; but 
there was no clause requiring officers other than those who were 
councillors to take any oath of office ; and their laws, as we 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 383 

have seen, were to be as near as conveniently might be to those 
of England. The diflerence between the Council at Plymouth, 
and the Governor and Company of Massachusettsj Bay, was 
substantially between an aristocratic corporation, composed of 
forty noblemen and gentlemen, which was to exercise its powers 
at a specified place in England, and make laws like the laws of 
England, as near as conveniently might be, and which might 
or might not administer oaths to persons in its employment; 
and a democratic corporation of an indefinite number, which 
was to hold General Courts, and might enact such laws as 
should be found expedient, so they were not contrary to the laws 
of the realm ; which was required to administer oaths to all the 
officers, in a particular mode, for the faithful discharge of ttieir 
duties; and which was not restricted as to place, so that it 
might set up its government either in England or on the Planta- 
tion, as it should see fit. Assuredly the docquet did not govern 
the provisions of the charter. 

After setting out the copy of the docquet, Chalmers pro- 
ceeds, — 

" In the same papers, bundle 5, page 322, there is a sketch, drawn by 
Mr. Blatliwayt, stating 'the clauses in the charter, shewing, that it was 
intended thereby that the corporation sliould be resident in England.' 
And, indeed, the whole tenor of the patent, as well as the subsequent 
conduct of the corporation, evinces the truth of that important fact. 
But the following extract of an agreement, entered into at Cambridge, 
the 26th of August, 1629, between Saltonstall, Dudley, Winthrop, and 
other chief leaders of Massachusetts, demonstrates that truth. From 
a collection of papers, made by Mr. Hutchinson, rekative to the history of 
Massachusetts, p. 25-6 : — 

" ' We sincerely promise, to embark for the said plantation, by the first 
of March next, to the end to pass the seas (under God's protection), to 
inhabit and continue in New England. Provided always, that, before the 
last of September next, the whole government, together with the patent 
for the said plantation, be first, by an order of Court, legally transferred 
and established, to remain with us and others, which shall inhabit upon 
the said plantation.' " 

Blathwayt was contemporary with Randolph. It seems, 
therefore, that this specification of clauses was made about the 
time Randolph was alleging that the government was unlawfully 



384 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

established in Massachusetts ; that is to say, some forty or fifty 
years after its establishment there. What these clauses were, I 
am unable to say. Chalmers does not state them, and, unfortu- 
nately, I do not find them in the charter. 

But the most wonderful evidence of an intention that the 
corporation should be resident in England, is that derived by 
Chalmers from the agreement of Winthrop and others, which 
he copies, and which he says demonstrates its truth. His con- 
clusion is to be accounted for, perhaps, by the supposition that 
he understood the words, " by an order of Court," in this agree- 
ment, to refer to the Court of his Majesty, at Whitehall ; whereas, 
the contracting parties had reference to an order of the General 
Court of the Company, such as was passed three days after- 
wards. 

Chalmers concedes that this docquet " evinces, that what was 
so strongly asserted, during the reign of Charles II., to prove 
that the charter was surreptitiously obtained, is unjust." 

I have considered this proposition at length ; not only because 
the transfer has sometimes been regarded as sharp practice on 
the part of the grantees, but for the reason, already suggested, 
that, if the transfer was unlawful, the whole legislation of the 
company afterwards was vmwarranted. The company had 
power to make laws for, and to govern, a Colony. But their 
authority to do this was as a corporation ; and a corporation, 
having a fixed locality, cannot hold corporate meetings, make 
by-laws, elect officers, and do other acts necessary to be done by 
the corporation itself, except in the place where it has its legal 
residence. In the absence of prohibition or limitation, it may 
hold property, may trade, and perform other acts which can be 
done by agents, elsewhere. 

3. The charter gave ample powers of legislation and of 
government for the Plantation, or Colony, including power to 
legislate on religious subjects, in the manner in which the 
grantees and their associates claimed and exercised the legis- 
lative power. 

It granted power to the General Courts — 

" from time to time to make, ordain, and establish, all manner of whole- 
some and reasonable orders, laws, statutes, ordinances, directions, and 
instructions, not contrary to the laws of this our realm of England, as 



CHARTER AND RELIOIOUS LKGISLATION OF MASSACHUSETTS. 385 

well for settling the forms and ceremonies of government and mafistracy 
fit and necessary for the said plantation, and the inhabitants there, and 
for naming and settling all sorts of officers, both superior and inferior, 
which they shall find needi'ul for tliat government and plantation, and the 
distinguishing and setting forth of the several duties, powers, and limits 
of every such office and place, and the forms of such oaths warrantable 
by the laws and statutes of this our realm of England as shall be re- 
spectively ministered unto them, for the execution of the said several 
offices and places ; as also for the disposing and ordering of the elections 
of such of the said officers as shall be annual, and of such others as shall 
be to succeed in case of death or removal, and ministering the said oaths 
to the newly elected officers, and for impositions of lawful fines, mulcts, 
imprisonment, or other lawful correction, according to the course of other 
corporations in this our realm of England ; and for the directing, ruling, 
and disposing of all other matters and things, whereby our said people, 
inhabitants there, may be so religiously, peaceably, and civilly governed, 
as their good life and orderly conversation may win and incite the natives 
of the country to the knowledge and obedience of the only true God and 
Saviour of mankind, and the Christian faitli, which, in our royal intention 
and the adventurer's free profession, is the principal end of this plantation." 

" Willing, commanding, and requiring, ordaining and appoint- 
ing," that all such orders, laws, statutes, and ordinances, instruc- 
tions and directions, as should be so made by the Governor, 
deputy governor, assistants, and freemen, and published in 
writing under their common seal, should be carefully and duly 
observed, kept, performed, and put in execution; the letters 
patent to be to all officers a suflicient warrant therefor, against 
the King himself, and his heirs and successors. 

But there was a restriction upon their legislation, religious as 
well as civil. They were to make no laws contrary to the laws 
of the realm ; and the question arises, What was the character 
and what the extent of this restraint? 

We may safely conclude that the meaning of the provision is 
not that they are to make no laws different from the common 
law of England, for much of that law was entirely inapplicable 
to their condition, so that they were under the necessity of 
making different laws. Laws different from, contrary to, the 
laws of feudal tenure could not come within the prohibition. 
The same may be said of laws relating to the peerage, and 
divers other matters of more common concern. 

26 



386 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

So we may be assured that it was not a prohibition to make 
laws different from the statutes of England, for it was known 
that it was to escape from some of those laws that they emi- 
grated. If they could make no law which provided for a dif- 
ferent form of worship than that which was established in Eng- 
land, — if they must establish that with all its concomitants, 
they would hardly have crossed the Atlantic for the privilege of 
voluntarily subjugating themselves by their own acts, to the 
pains and penalties, and violation of conscience, to which the 
acts of others would have subjected them if they had re- 
mained. Moreover, they had no bishops, — could not consecrate 
any, — and no one proposed to do that for them when the charter 
was granted. Laud would doubtless have been pleased to do 
them that favor three or four years afterwards ; but their right 
of legislation, or the restraints upon it, or the removal of re- 
straints, did not depend upon that. 

The true construction of the clause is, that they shall make no 
laws contrary to, — antagonistic to, — in contravention of, the 
laws of the realm which extended or should extend over them, 
as inhabitants of the Colony, and which were to be their par- 
amount law. 

We are thus brought to the question, whether any, and what 
laws of the realm were in force in the Colony at the time of the 
charter and emigration. Happily we can settle this question by 
authority. It is agreed that the law of the conqueror does not 
extend over the conquered country, until the conqueror pleases 
to put it in force there. And although we now hold that the 
title of the Crown to the greater portion of this country was by 
right of discovery, it was held by the Courts of England, long 
subsequent to the reign of Charles I., to be a title by conquest. 
Chief-Justice Holt, in the Court of King's Bench, in the 
4th of Anne, said, " The laws of England do not extend to 
Virginia ! being a conquered country, their law is what the King 
pleases." ^ And Blackstone, lecturing as late as 1756, says, 
" Our American plantations are principally of this latter sort 
[conquered or ceded countries], being obtained in the last cen- 
tury, either by right of conquest, and driving out the natives, 
(with what natural justice I shall not at present inquire), or by 
1 Salkeld's Keports, vol. i. p. 666. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 387 

treaties. And, therefore, the common law of England, as such, 
has no allowance or authority there." He adds, that thev arc 
" not bound by any acts of Parliament, unless particularly 
named." ^ 

'Mi. Justice Story, it is true, says of the doctrine of Mr. Justice Black- 
stone, " It is manifestly erroneous, so far as it is applied to the colonies 
and plantations composing our Union. In the charters, under which all 
these colonies were settled, with a single exception [Pennsylvania], tliei-e 
is, as has been already seen, an express declaration, that all subjects and 
their children inhabiting therein, shall be deemed natural-born subjects, 
and shall enjoy all the privileges and immunities thereof; and that the 
laws of England, so far as they are applicable, shall be in force there ; 
and no laws shall be made, which are repugnant to, but as near as may be 
conveniently, shall conform to the laws of England."^ 

But here is a great mistake, so far as it relates to Massa- 
chusetts. There is no provision, either in the Colony or in the 
Province charter, that the laws of England, so far as they are 
applicable, shall be in force there ; nor that the laws of the Colony 
or Province shall, as near as conveniently may be, conform to 
the laws of England. 

He says farther, " Now, this declaration, even if the Crown previously 
possessed a right to establish what laws it pleaded over the territory, as a 
conquest from the natives, being a fundamental rule of the original settle- 
ment of the colonies, and before the emigrations thither, was conclusive, 
and could not afterwards be abrogated by the Crown." 

And in the next section, " The universal principle (and the practice 
has conformed to it) has been, that the common law is our birthright and 
inheritance ; and that our ancestors brought hither with them, upon their 
emignation, all of it which was applicable to their situation." 

1 BUackstone's Com., vol. i. p. 108. 

2 Story's Com. on the Constitution, § 156. — The princii)Ie that the laws of the dis- 
covererextend over the discovered country ,whhout any action for tliat purpose, if sound 
to any extent, must be subject to grave limitations. One of the reasons given why 
the laws of the conqueror do not extend over the conquered country is, " because, for a 
time, there must want officers, without which our laws can have no force." (Salkeld's 
Reports, vol. i. p. 412.) That would certainly apply witli its full force to the discoveries 
in America. If the colonists had found the common law here, or liad brought it with 
them, it must have been packed away, until the machinery was provided to put it 
in operation. Another reason, viz., that- the laws of the conqueror may not be 
suited to the state and condition of the conquered, is applicable, to a great extent, in 
the case of settlement, under title derived from discovery. 



388 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

This allegation may be found repeated again and again, — in 
judicial decisions, even, since the time of the Province charter, — 
but it must be taken with some grains of allowance. Applied 
to the early emigrants and their proceedings, it cannot be sup- 
ported. As to them, there is better and more satisfactory evidence 
that they did not bring the common law with them as a part of 
their law, than can be derived from any inference respecting the 
general principle which would govern the case, either as an ac- 
quisition by conquest, purchase, or discovery. 

James I. having the right to govern the country either directly 
or through a local government established by him, granted the 
charter of the Council at Plymouth, in the county of Devon, 
giving the grantees power to correct, punish, pardon, govern, and 
rule, the inabitants — 

" according to such laws, orders, ordinances, directions, and instructions, as 
by the said Council aforesaid shall be established ; and, in defect thereof, 
in cases of necessity, according to the good discretions of the said gov- 
ernors and officers respectively, as well in cases capital and criminal as 
civil, both marine and others ; so always as the said statutes, ordinances, 
and proceedings, as near as conveniently may be agreeable to the laws, 
statutes, government, and policy of this our realm of England." 

The Pirritans claimed title to their lands under this charter, 
but not their corporate authority and privileges. Their charter 
gave them power to pass laws, without any provision for the 
introduction of the common law, and not even requiring that 
their laws and proceedings should be as near as conveniently 
might be to the laws of the realm ; but providing that they 
should make none contrary to the laws of the realm. The 
grantees neither claimed nor recognized the common law as a 
part of the laws by which they were governed. There is nothing 
in their records, nor in their statutes, nor in their declarations, to 
show any recognition of it as their law. It neither regulated the 
rights of persons or things, nor did it furnish the rule of judicial 
decision. Where a discretionary power was vested in the mag- 
istrate, he consulted the common law with an inquiry how the 
case would be determined by that law, and it is quite probable 
that he usually adopted it, because it is said to be founded in 
right reason ; and for reasons of a prudential character, it was 
desirable that their proceedings should be, in the language of the 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 389 

charter of the Council at Plymouth, as near as conveniently 
might be, agreeable to the laws and policy of the realm. But 
the magistrate was not bound by it, being at perfect liberty, if he 
thought fit, to act on what he deemed a better opinion of his own. 

The claim of the colonists, that the common law was a part 
of their birthright, and formed a part of their laws, came in at a 
later period, after their controversies with the Crown had as- 
sumed grave proportions. It was interposed as a shield against 
arbitrary power, and was doubtless founded upon the clause in 
the charter securing to them the privileges and immunities of 
natural-born subjects, perhaps also upon a general principle to 
that effect in the absence of special provisions. It may be a 
matter of curious inquiry to ascertain the precise circumstances 
of its introduction and reception. 

The Puritans claimed the right to pass their own laws, with 
the Bible, and not the common law, as their fundamental law. 

This is conclusively shown by the answer of the General 
Court, in 1646, to the petition of Dr. Cliild and others, com- 
plaining, among other things, that they could not, according to 
their judgments, discern a settled form of government according 
to the laws of England. To this complaint the answer is, — 

" For our government itself, it is framed according to our charter and 
the fundamental and common laws of Eni;laiid, and carried on according 
to the same (taking the words of eternal truth and righteousness along 
with them, as that rule by which all kingdoms and jurisdictions must 
render account of every act and administration, in the last day), with as 
bare allowance for the disproportion between such an ancient, populous, 
we'althy kingdom, and so poor an infant thin colony, as common reason can 
afford. And because this will better appear by comparing particulars, 
we shall draw them into a parallel. In the one column we will sot 
down the fundamental and common laws and customs of England, begin- 
ning with Majina Charta, and so go on to such others as we had occasion 
to make use of, or may at present suit with our small beginnings. In the 
other column, we will set down the sum of such laws and customs as are in 
force and use in this jurisdiction, showing withal (where occasion serves) 
how they are warranted by our charter. As for those positive laws or 
statutes of England which have been from time to time established upon 
the basis of the common law, as they have been ordained upon occasions, 
so they have been alterable still upon like occasion, witliout hazarding or 
weakening the foundation, as the experience of many hundred years hath 



390 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

given proof of. Therefore there is no necessity that our own positive 
laws (whicli are not fundamental) should be framed after the pattern 
of those of England ; for there may be such different respects, as in one 
place may require alteration, and in the other not." ' 

Then follows, in lengthened columns, divers provisions of 
Magna Charta and the common law, on the one side, and the 
corresponding " Fundamentals of Massachusetts," on the other, 
showing their similarity. 

To the same effect is the statement of Edward Winslow, in 
his " New England's Salamander Discovered," published in 
London, 1647, in answer to Dr. Child's " New England's Jonas 
cast up at London : " — 

" As for the law of England, I honor it, and ever did, and yet know 
well that it was never intended for New England, neither by the Parlia- 
ment, nor yet in the letters patents, we have for the exercise of govern- 
ment under the protection of this State ; but all that is required of us in 
the making of our laws and ordinances, offices and officers, is to go as 
near the laws of England as may be:" which we punctually follow, so 
near as we can. . . . 

" And however we follow the custom and practice of England so near 
as our condition will give way, yet as the garments of a grown man would 
rather oppress and stifle a child, if put upon him, than any way comfort 
or refresh him, being too heavy for him, so, have I often said, the laws of 
England, to take the body of them, are too unwieldy for our weak con- 
dition. Besides, there were some things supported by them which we 
came from thence to avoid ; as the hierarchy, the cross in baptism, the 
holy days, the Book of Common Prayer," &c. . . . 

" As for our trials between man and man, he knows we go by jury 
there as well as here. And in criminals and capitals we go by grand 
jury and petty jury. And where the death of any is sudden, violent, or 
uncertain, the crowner sits upon it by a quest, and returneth a verdict, 
&c., and all according to tlie commendable custom of England, whom we 
desire to follow. But their main objection is, that we have not penal 
laws exactly set down in all cases ? 'Tis true, I confess, neither can they 
find any Commonwealth under heaven, or ever was, but some things were 
reserved to the discretion of the judges ; and so it is with us, and no other- 
wise, our General Courts meeting together twice a year, at least, hitherto, 

1 Hutch. Coll. Papers, p. 199. 

2 Eeferring, it seems, to the clkirter of the Council at Plymoutli, which granted 
to Bradford the charter of the Plymouth Colony. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 391 

for that very end, and so continuing so long iis their occasions and the 
season will permit : and in case any misdemeanor befall where no penalty 
is set down, it is by solemn order left to the discretion of the bench, who, 
next to the Word of God, take the law of England for their precedent 
before all other whatsoever. And as I said before, if I would enter into 
particulars, I could here set down in a line parallel, as I received it,' in 
answer to the petition of Doctor Robert Child, &c., mentioned in their 
book, ' the fundamentals of the Massachusetts concurring with the privi- 
leges of Magna Charta and the common law of England at large.' " ^ 

Chief-Justice Hutchinson, also, is a competent authority upon 
the point, that the first emigrants did not claim the common law 
as a part of their law, nor acknowledge it as having authority 
with them. In a charge to the grand jury, March term, 1767, 
he said, — 

" I don't know a nation in the world, that makes the distinction between 
murther and manslaughter, which the English do. It was not made in this 
country before the ciuarter [Province charter] ; for our forefathers founded 
their laws upon the law of Moses, which makes no sucli distinction." 

In another charge, March term, 1768, while he repeats the 
statement — at that time, and since, quite common — respecting 
the introduction of the common law, he is even more explicit in 
his declaration, that the first emigrants did not consider them- 
selves bound by it, and did not regard it as their law. 

"Our ancestors, gentlemen, when they came over to this country, 
brought with them the common law of our mother country (which is with 
great propriety so called) ; and although their first charter bound them 
down to make no laws contrary to the law of England, yet, from the 
situation they were then in, and from their peculiar circumstances, they 
then apprehended they had a right to adopt the judicial laws of Moses 
which were given to the Israelites of old. They at that time considered, 
not how crimes affected the peace and harmony of society,^ but .almost 
always adapted their punishment to the real guilt of the criminal 

" Upon a judgment given against the old charter, the people could never 
obtain so great a boon, as they thouglit their old charter : since, you are 
sensible, they appointed all their officers, made all their laws, without 
any control from home. .... We stand, therefore, upon quite a different 

1 He was agent for Massaclmsetts at the time. 

2 See Mass. Hist. CoU. 3d Series, vol. ii. pp. 137-110. 



392 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

footing from our forefathers, and the principle of our laws is very variant 
from that which governed them under the old charter. There were 
several attempts made, since our present charter, to enact laws upon tlie 
old charter principles ; but they all failed, and the laws were disallowed 
in Great Britain." 

"The principle of \avf which now governs us, is to punish crimes, only 
as they aifect society." ' 

But all this is not necessary to the support of my position, 
that the common law, and the statute law of England in amend- 
ment of the common law, were not the laws of the realm, 
contrary to which the colonists were to make no laws ; for 
their power to pass statutes contrary to both, has been exer- 
cised without question ever since the common law has been 
recognized as in force in the Colony and in the Province ; 
subject, after the Province charter, to the negative of the Crown, 
as provided in that instrument. 

Chalmers interprets the restraint, — " You shall make no ordi- 
nances inconsistent with the connection between the territory 
and the country of which it is a member ; " and says further, 
" so a colony may adopt new customs ; may abrogate that part 
of the common law which is unsuitable to its new situation; 
may repeal the statute law wherein it is inapplicable to its con- 
dition. All it may change, except only the principles of its 
coalition with the State, or the special regulations of the 
supreme power, or great body-politic of the em])ire with regard 
to it." — With this exposition of the clause of restraint, it would 
be quite unimportant whether or not the common and statute 
law of the realm extended over the Colony. Any law of the 
Colony inconsistent with either would abrogate or repeal it, 
without any violation of the clause of restraint.^ 

It may be said that the King was restrained by Magna Charta 
and the Petition of Right, as well in his colonial possessions, as 
in England itself. 

The colonists were subject to the lawful legislation of the 
mother country ; and so far as that legislation was extended 
over them by the force of the legislation itself, or by the legiti- 

1 Quincy's Mass. Reports, 1761-1772. PubUslied 1865. Pages 235, 258-260. 

2 Chalmers's Annals, toI. i. p. 140. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 393 

mate power of the Crown, so far they could make no laws, civil 
or religious, in contravention of it. The navigation acts ex- 
tended over them ; and their legislation, contrary to those acts, 
was one of the allegations in the scire facias, on which the 
charter was vacated and cancelled. But it was held, that the 
habeas corpus act, passed 31st, Charles II., did not extend to the 
colonies, because they were not named in it. 

After the clause authorizing legislation, follows a provision 
that the Governor and company " and all the chief commanders, 
captains, governors, and other officers and ministers " as should 
by said orders, laws, &c., from time to time be employed in the 
government of the said inhabitants and plantation, or in the way 
by sea thither or from thence, according to the nature and limits 
of their offices, — 

"shall, from time to time, hereafter for ever," — "have full and abso- 
lute power and authority to correct, punish, pardon, govern, and rule all 
such the subjects of us, our heu's and successors, as shall from time to time 
adventure themselves in any voyage thither or from thence, or that shall 
at any time hereafter inhabit within the precincts and parts of New England 
aforesaid, according to the orders, laws, ordinances, instructions, and direc- 
tions aforesaid, not being repugnant to the laws and statutes of our realm 
of England as aforesaid." 

The power to pardon is conclusive evidence of a grant of 
political government, no such power being known in an ordinary 
corporation. 

It hardly seems to be within the power of language, more 
completely to negative the idea that the charter constituted a 
corporation mainly for the purpose of trade and traffic; or, 
more clearly, to grant powers of legislation and government, 
whereby the inhabitants of the Colony might be "religiously, 
peaceably, and civilly governed." 

Whatever Charles II. may have said about general liberty of 
conscience, of which he personally made a very large exhibition 
in some particulars, Charles I. and his ministers could not but 
form a reasonable judgment respecting the mode and manner in 
which the Colony would be religiously, as well as civilly, gov- 
erned under his charter, whether he ever read it or not/ 

4. The charter authorized the exclusion of all persons whom 
the grantees and their associates should see fit to exclude from 



394 CHAETER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

settlement in the Colony ; and the exclusion of those already set- 
tled, by banishment as a punishment for oftences. 

They were tiie owners of the soil ; and, in the absence of con- 
ditions or limitations, the owner of such a title has an exclusive 
right of possession. They were the grantees of a charter of 
incorporation ; and sucli grantees, unless there is some special 
provision or circumstance controlling them, may determine who 
shall be admitted to a participation in their corporate rights. 

There was, here, nothing of condition or limitation in relation 
to their title to the territory ; and their right to judge whom they 
would admit did not depend upon the general principle merely, 
but was express. They were to admit such persons as they 
thought fit, to be freemen. 

Persons who came on their invitation, or through inducements 
held out by them, or with their consent in any Avay, could not in 
justice be sent away arbitrarily, or for any fancied dislike. . In 
that respect they stood like other governments; and the proprietor- 
ship of the soil, which they held out for occupation and settlement, 
would not give them the right of removal as if such parties were 
trespassers. Coming by consent, and obeying the laws, they 
would be entitled to protection. But aside from considerations 
of this kind, the power of exclusion, on fair notice not to come, 
could not be made more perfect. 

The King desired to limit their power of admission, so that 
persons especially obnoxious or dangerous to him, should not be 
harbored there, and he retained the power of exclusion to him- 
self, by an express provision, which, however, was so limited that 
he could exclude only persons who were designated by name. 

It has been supposed that the provision, that all subjects of the 
King and his successors who should go to, and inhabit within, 
the lands granted, should have and enjoy all liberties and immu- 
nities of free natural subjects, might be regarded as evidence of 
a restriction upon the right of exclusion by the grantees. But 
this cannot be maintained, for two reasons. — First, because this 
can be applied only to persons rightfully there, or going to, or 
returning from, the territory. It could not, of course, apply to 
any one whom the King had excluded by name from going 
there; and if there be this implied limitation upon it, in relation 
to persons excluded by the King, the same limitation must be 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 395 

implied in regard to persons excluded by the colonial govern- 
ment, which, as we have just seen, aside from this provision, had, 
from its title, as perfect a power of exclusion as the King had 
by the clause for that purpose in his favor. It would be a gross 
violation of sound rules of construction, to say that this clause 
was a clause of protection to persons who had no lands, and no 
interest in the charter, and who were, moreover, prohibited from 
coming and remaining there, by the owners of the land and the 
grantees of the charter ; for if it might so apply to any, it would 
apply to all who should go, and the right to the land and the 
corporate privileges would soon be rendered a nullity. — Second, 
this clause, rightly understood, is a limitation upon the royal 
authority, to the extent of its operation, and not upon the 
authority of the colonists. The King will not put persons out 
of the pale of English subjects, — deprive them of the privileges 
of English subjects, — because they go and inhabit there. They 
shall be Englishmen still. Let us see this a little more clearly, 
by a citation of the provision itself. 

" And, further, our will and pleasure is, and we do hereby for us, our 
heirs and successors, ordain and declare, and grant to the said governor 
and company, and their successors, that all and every the subjects of usj 
our heirs or successors, which shall go to and inhabit witliin tlie said lands 
and premises hereby mentioned to be granted, and every of their children 
which shall happen to be born there, or on tlie seas in going thither, or 
returning from thence, shall have and enjoy all liberties and immunities 
of free and natural subjects within any of the dominions of us, our heirs 
or successors, to all intents, constructions, and purposes whatsoever, as if 
they and every of them were born within the realm of England." 

You perceive that it is confined to subjects, and does not in- 
clude strangers. It provides that these subjects, and their children 
born there or on the passage to and from, shall have the liberties 
and immunities of free natural subjects within any of the King's 
dominions, as if they were born within the n-alui. What were the 
liberties and immunities of such subjects ? Certainly, not to go 
and inhabit the crown lands against the will of the King, or any 
lands which the King had granted, against the will uf the per- 
sons to whom the grant had been made. Certainly, not to in- 
trude themselves into any corporate rights which had been 
granted to others. Persons who should go and inhabit lawfully, 



396 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

should have the general rights of Englishmen as secured by 
" Magna Charta," and the customs of the realm. Bat this did 
not exempt them from any legislation, otherwise lawful, under 
the charter. 

5. The charter authorized the creation and erection of courts 
of judicature to hear, try, and determine causes, and to render 
final judgments and cause execution to be done, without any 
appeal to the courts of England, or any supervisory power of 
such courts. 

To the express provision authorizing the establishment of all 
manner of wholesome laws, statutes, and ordinances, for settling 
the forms and ceremonies of government and magistracy, fit and 
necessary for the Plantation, — for the settling of all sorts of offi- 
cers which they shall find needful for that government and Plan- 
tation, and for setting forth their several duties and powers, — 
and also to that giving full and absolute power and authority to 
correct, punish, pardon, govern, and rule, I have already re- 
ferred. 

There is no provision in the charter for any original jurisdic- 
tion of the courts of England, over the Colony, nor for an appeal, 
in any shape, to those courts. And there was no custom of 
the realm, no common law, which gave any such jurisdiction. 
If it were supposed that the King had power to confer jurisdic- 
tion upon the courts of England, original jurisdiction in those 
courts would have been a denial of justice. And an appellate 
jurisdiction, afterwards deemed oppressive in the days of the 
Province, would, in the infancy of the settlement, have been next 
to impossible. The fact that there was no service of the writ, 
quo warranto, in 1635, within the Colony, shows very clearly that 
it was understood that process did not run there. 

The Lords Commissioners seem to have been careful not to 
attempt a regular service of their orders within the Colony. They 
were sent in letters from Mr. Meautis, their clerk, and from Mr. 
Cradock, to the Governor. 

Hutchinson, in stating the proceedings in 1691, when the 
grant of a Province charter was under consideration, remarks, — 

" By the old charter, it was said, they had power to imprison or inflict 
punisliment, in criminal cases, according to the course of corporations in 
England, but that, unless capital cases be expressly mentioned, the power 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 397 

would not reach them ; that no power was given to erect judicatories or 
courts for probate of wills, or with admiralty jurisdiction, nor any power 
to constitute a house of deputies or represeutalives, nor to impose taxes 
on the inhabitants, nor to incorporate towns, colleges, schools, &g., which 
powers and privileges had been, notwithstanding, usurped."* 

But, this construction, limiting all the powers under the char- 
ter, " according to the course of corporations in England," is 
utterly unwarrantable. That expression occurs but once in the 
charter, and follows immediately after a provision in relation to 
elections. If it is not confined to " fines, mulcts," &c., in rela- 
tion to that subject, no reasonable construction can extend it to 
other provisions which I have cited. It would be absolutely 
impossible to govern a colony in America, according to the 
course of corporations in England constituted for trading or 
even for municipal purposes. 

Hutchinson inserts in a note the opinion of Mr. Hook, who was 
consulted by Ham])den in relation to the Province charter, among 
other things, that the grantees under the old charter had " no 
power to keep a prerogative court, prove w-ills, &c. ; nor to erect 
courts of judicature, especially chancery courts." ^ This is very 
astonishing, unless we suppose that Mr. Hook, in considering the 
express powers which should be inserted in the new charter, ac- 
cepted the objections which had been made to the old, by Gardi- 
ner and others, without any critical examination. Certainly, the 
old charter was intended to be complete for its purposes. No 
addition was contemplated to be made, either by King or Parlia- 
ment. How were the people to be civilly and peaceably gov- 
erned, without courts ? Was the power to punish and pardon 
to be exercised without any judgment of conviction ? What is 
meant by the power granted to make laws, " as well for settling 
of the forms and ceremonies of government and magistracy, fit 
and necessary for the said plantation," — "and for naming and 
settling of all sorts of officers, both superior and inferior, which 
they shall find needful for that government and plantation " ? 
The idea of a colony to be settled and governed without courts 
would be preposterous. 

It would seem, therefore, that the propositions which I have 
stated are fully sustained without any resort to the express pro- 

1 Hutch. Hist., vol. i. p. 415. 2 lb., p. 111. 



398 CHARTER AND RFXIGIOUS LEGISLATION OF MASSACHUSETTS. 

vision in the charter, which embodies a general principle of law 
now well understood and applied in cases of doubt, to deeds 
of private persons, that the charter should be construed, reputed, 
and adjudged in all cases most favorably for the benefit and 
behoof of the grantees. 

If any thing were needed to fortify the foregoing positions, it 
may be found in the fact, that, in the process and proceedings in 
the latter part of the reign of Charles II. to enforce a forfeiture 
of the charter, or to annul it, there was no allegation of a usurpa- 
tion of power in any of these particulars ; nor any alleged grounds 
of forfeiture founded upon either of them. 

The causes of forfeiture, as set forth in the Court of Chancery, 
were, that the Governor and company assuming on themselves, 
under color of their letters patent, power to assemble to make 
good and wholesome laws and ordinances, not repugnant to the 
laws of England, but respecting only their own private gain and 
profit, assumed the unlawful and unjust power to levy money of 
the subjects of the King, and, in prosecution of that power, made 
laws for levying poll taxes, and duties on merchandise and ton- 
nage ; that they had passed a law providing for a mint, and the 
coining of money ; and another, requiring an oath of fidelity to 
the government of the Colony.^ 

Undoubtedly, the absence of other allegations of abuse of 
power under the charter is not conclusive evidence of a belief 
on the part of the crown lawyers, that there were none others 
which could be sustained; but there is no good reason why more 
should not have been enumerated, if it was sup])osed that others 
of a grave character existed, and a transfer of the ciiarter and 
government, or an exclusion of his majesty's roystering subjects 
from inhabitancy, or any religious legislation whatever, if sup- 
posed to be unlawful, would hardly have been omitted. 

I have no means at hand to determine with certainty, why this 
process was instituted in the Court of Chancery, which, ordi- 
narily, has no jurisdiction of proceedings quo warranto, and 

1 The power to coin money being, at that time, not an ordinary legislative power, 
but one of the King's prerogatives, the value of unusual pieces to be ascertained by 
proclamation, it might well be held that the charter did not confer it. And some 
of the legislation of the Colony may have been contrary to the navigation acts of the 
realm. To that extent, the complaints seem to have been well fomided ; perhaps 
somewhat further. 



CHARTER AND RELIGIOUS LEGISLATIOK OP MASSACHUSETTS. 399 

relieves against, rather than enforces, forfeitures. In a " Brief 
Relation of the Plantation of New England," by an unknown 
author, written at London, in 1689, it is stated, — 

"that, in thu year 1683, a quo warranto was issued out against them," 

that "the Governor and company appointed an attorney to appear and 
answer to the quo ivarranto, in the Court of King's Bench. The prose- 
cutors not being able to make any thing of it there, a new suit was bdnin 
by a scire facias in the Court of Chancery." 1 

Chalmers says of the quo warranto, "Randolph's was the ominous 
hand which carried it across the Atlantic. And to give weight to the 
messenger who, in Massachusetts, had little in himself, and to the pro- 
ceeding, which was equally obnoxious, a frigate was ordered to transport 
him thither." He says further, " After a variety of obstructions, arising 
from tlie distance, the novelty, and real difficultij of the business, a jud"'- 
ment was given for the King by the high Court of Chancery in Trinity 
term, 1684, against the Governor and company in Massachusetts, that 
their letters patents, and the enrolment thereof, be cancelled." 

The validity of the proceedings was afterwards " questioned 
by very great authority." ^ 

The reason why the prosecutors could not make any thing of 
it in the King's Bench may have been that suggested in relation 
to the former writ, that, as the process of the court did not run 
into the Colony, there could be no service there.^ It may have 
been that the writ did not issue against "the Governor and 
company." The colonists instructed counsel to take that ex- 
ception. But if that was the main objection, it might readily 
have been obviated by the issue of another writ. If so issued, 
however, it would have been an admission of the existence of 
the corporation, which was challenged by the allegations of 
usurpation in the process in 1635. 

It may be conjectured that the scire facias was brought in 
Chancery on the ground, that chancery miglit annul the char- 
ter, though out of its jurisdiction, on the same principle that it 
now sometimes compels a man within its jurisdiction to give a 

1 Mass. Hist. Coll. 3d Series, vol. i. p. 96. 2 Annals, vol. i. pp. 414, 415. 

' "The sheriffs" [of Middlesex, England] "principal objection why he did not 
return a summons was, the notice was given after the return was past. lie did also 
make it a question whether he could take notice of New Enffland, being out of his Ixiiliwicl:." 
— Letter of Attorney- General Saivyer. See Palfrey's Hist. New England, vol. iii. p. 
891, note. 



400 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

deed transferring a title to lands lying within another govern- 
ment. But the cases are not alike. 

No judgment of forfeiture was entered, nor any decree order- 
ing any person to bring in and surrender the charter, or to do any 
other act in relation to it. The court adjudged, that the letters 
patent, " and the enrolment thereof, be vacated, cancelled, and an- 
nihilated, and into the said court restored, there to be cancelled ;" 
but there was no attempt to enforce the latter part of the decree. 

The proceedings may have been instituted in that court, upon 
the ground of an ancient jurisdiction of the chancellor to repeal 
grants of the King, which had been issued improvidently. But 
the assumption to enter a decree, that a charter granting lands, 
and corporate powers, and powers of government, and which 
had existed more than half a century, should " be vacated, can- 
celled, and annihilated," on account of usurpations, which, in 
case of ordinary corporations, may be a subject for proceedings 
by writ of quo ivarranto in the King's Bench, — and especially to 
do this upon a writ issued to the sheriff of Middlesex, in England, 
under such circumstances that there could be neither service nor 
notice, — would be of itself a usurpation. And this seems to be 
its true character, whatever might be the reason alleged. 

If the colonial government was exercising power inconsistent 
with the charter, or with colonial dependence, the true remedy 
would at this day appear to have been, not by process to enforce 
a forfeiture, or to vacate the charter, which, if effective, would 
leave the inhabitants without any legal government ; but by an 
enforcement or amendment of the charter, in regard to its public 
powers and character, by the Crown, from which it was derived, 
or by an act of Parliament making the requisite provision for 
that purpose. 

The better opinion may be, that meeting with technical dif- 
ficulties in the court of law, resort was had to Chancery, because 
of a better assurance of speedy success} 

The proceeding appears to have been no more effective in its 
character, than might have been a judgment of seizure, in a pro- 
cess at law ; and, in fact, little better than would have been an 
order of the King in Council, that the charter was forfeited, 
with a revocation of its powers. However, the decree an- 

1 See Palf. ffist., vol. iu. 391-394. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 401 

swered its purpose. The colonists were not in a situation to 
contest it.^ 

Certain differences between this charter and the charter of 
the Council established at Plymouth in the county of Devon, 
have already been considered. 

It may be noticed farther, as fortifying the position, that the 
powers granted in the charter of Charles included a power of 
exclusion, that the Great Patent to the Council provided, ex- 
pressly, that the territories granted should not be visited, 
frequented, or traded unto, by any other of the King's subjects, 
with a provision prohibiting all the King's subjects from visiting 
or trading there, unless it be with the license and consent of the 
Council, upon pain of the King's indignation, and imprisonment 
of their bodies during his pleasure, with forfeiture besides. And 
the King condescended and granted, that he would not grant any 
liberty or license to any person to sail, trade, or traffic there, 
without the good-will and liking of the Council. 

The provisions of the charter of Charles were so compre- 
hensive that there was no necessity for such express exclusions. 

A comparison of the provisions of the charter, with the sub- 
sequent proceedings of the Puritans, relieves them from the 
charges which have been so persistently urged against them. 

It has been said, that " the charter did not include any clause 
providing for the free exercise of religion, or the rights of con- 
science." But this is a mistake. It is true that there is not, in 
express terms, any such provision. It would have been most 
surprising, if the King had made proclamation of any such 
liberty, by a formal grant. But the power of legislation, which 
included the power to legislate on religious matters, was as 
plenary for that purpose, as an express grant would have been. 
The " letter from King Charles II. to Massachusetts," in 1662, 
asserts that " the principle and foundation of that charter 
was, and is, the freedom of liberty of conscience." ^ And a 
letter prepared for the royal signature, by the lords of the com- 
mittee for plantations, in October, 1681, not only recites that the 
charter granted " such powers and authorities as were thought 

1 See the Exemplification of the judgment. Mass. Hist. Coll., 4th Series, 
Tol. ii. p. 246. 

•i Hutch. Coll. Papers, vol. i. p. 378. 

26 



402 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

necessary for the better government of our subjects, at so remote 
a distance from this our kingdom ; " but adds, " nothing was 
denied, which you then deemed requisite for the full enjoyment 
of your property, and the liberty of your coiwcience, so you 
would always contain yourselves within that duty which the 
bonds of inseparable allegiance bind you to." ^ 

They did not come here to establish or provide for any gen- 
eral liberty of conscience. In his very full and complete ex- 
position of this fact, the reverend and learned gentleman with 
whom I am associated, Dr. Ellis, stated that they placed a re- 
straint — the restraint of the Bible — upon their oivn liberty of 
conscience. This depends upon the signification which we 
give to the term conscience, which, as you know, is sometimes 
used to designate the faculty by which we have ideas of right 
and wrong in reference to actions, without regard to, and per- 
haps in ignorance of, the precepts of the Bible, occasionally 
called natural conscience ; and it is sometimes used to designate 
the same faculty, instructed in the Bible, receiving it as the word 
of God, by which to test right and wrong, incorporating its 
restraints into, and making them part of itself, — not unfre- 
quently termed an educated or enlightened conscience. In the 
former signification, which is plainly the sense in which Dr. 
Ellis uses the word, the Puritans did not seek to establish liberty 
of conscience even for themselves. 

The charter in giving power to make orders, laws, &c., for 
directing, ruling, and disposing of all other matters and things, 
by which the inhabitants might be religiously governed, clearly 
contemplated government in matters of religion ; and govern- 
ment in matters of religion, in those days, meant any thing other 
than liberty for every man to do what his notion of right and 
wrong dictated in that matter. The grantees meant and under- 
stood it, as government according to the laws of the Bible. In the 
other sense of the term, conscience, that is, the faculty of dis- 
tinguishing between right and wrong, instructed by the Bible, 
and according to its precepts, as they understood them, — liberty 
of conscience for themselves was precisely what they intended to 
secure. In other words, their great object was to secure for 
themselves and those who, with their principles, should associate 
1 Chalmers, toI. i. p. 444. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 403 

with tliem, the liberty to worship God according to the dictates 
of their own consciences, — enlightened by the Bible. 

The key to their enterprise, as thus presented, unlocks the 
repository of their ends and aims, intents and purposes ; and you 
have the explanation and the justification of their religious legisla- 
tion. 

They founded a civil State, upon a basis which should support 
the worship of God according to their conscientious convictions 
of duty; and an ecclesiastical State, combined with it, which 
should sustain, and be in harmony with, the civil government; 
excluding what was antagonistic to the welfare of either. 

Some one may inquire. If such was the design of the Puritan 
Fathers in the establishment of their government here, why was 
it not more distinctly stated and proclaimed at the time, leaving 
no room for misconception afterwards? The ready answer is, 
that, if a public development of all their purposes had been 
made, there might have been danger of some measures to 
defeat their designs, and to extinguish their hopes. The King 
and his ministers must have known the general character of the 
enterprise. There was no necessity that there should be a 
public proclamation of their intentions beyond what was made. 
It is sufficient that there was no stratagem and no deception in 
the matter. Doubtless, as the enterprise proceeded, some meas- 
ures were adopted, which were not originally contemplated. 

Is it asked. How it is possible that the Puritan Fathers, who 
were not recluses, but many of them men of education, — men 
of great intelligence in their day, — men mixing with the world, 
— could entertain the idea of establishing a Commonwealth, 
where religion should outwardly be brought to a rigorous test of 
uniformity, when they themselves were non-conformists to the 
Church of England ? 

It may quite as well be asked, Why, with their deep religious 
convictions, they should have had any doubts of success ? Theirs 
was a religious as well as a civil State. The Jewish govern- 
ment, which was their pattern so far as it might be applicable, 
existed for ages. The Papacy had, for centuries, claimed the 
implicit reception of its dogmas, and unhesitating obedience to 
its mandates. The Reformation denied the infallibility of the 
Church of Rome, and exposed its errors ; but the political govern- 



404 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

ment of England, as soon as it gave support to it, exercised 
a similar right of requiring conformity to the new doctrines, 
and the established ordinances. The Puritans loathed the cor- 
ruptions of the Hierarchy, and sought for purity of doctrine 
and simplicity of worship. They had unwavering faith that 
God would regard their enterprise, — their government, — and 
their Church, in its unhesitating reception of His revealed truth, 
in its sincere desire to learn His will, and do what was 
pleasing in His sight, in its simple forms of adoration and 
worship, — with especial favor. Why should they not, in the 
full assurance of that faith, devoutly believe that God Him- 
self had not only opened to them a way of escape from im- 
pending persecution ; but that He had reserved this wilderness 
to that time, as the place for the establishment of that faith and 
that worship on an enduring foundation ? In point of fact, the 
government which they established, did last for more than one 
generation, on the distinctive principles of their foundation ; and 
left its impress on the future, in a more wide-spread liberty, not 
only for our day, but for after ages. 

With the design and purpose by which they were actuated, 
with the deep conviction of the truth of their principles, of the 
importance of their enterprise, of the sacredness of the trust 
committed to them, and of their duty to use all lawful means to 
secure its success, — all their legislation may be said to have 
been religious legislation. They legislated in the fear of God, 
and with a profound sense of their responsibility to Him ; which 
is more than can be said of the greater portion of the legislation 
at the present day. 

If, however, we take a more restricted signification, it may 
well be maintained that all their legislation, which had a direct 
tendency to aid in the accomplishment of their great purpose to 
build up a true Church and a righteous State, each supporting 
the other, was religious legislation. All the legislation for 
the enforcement of good morals, of good order in the com- 
munity, was in aid of this great object, and therefore in sub- 
servience to religion. 

More especially may the legal provisions for the promotion 
of education be regarded as of that character. One great 
purpose of their polity was to raise up a diligent and faithful 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 405 

ministry ; and the college which they founded, and to which our 
present Massachusetts turns with such pride, had that for one of 
its objects. 

It is, however, of the legislation having a more direct bearing 
upon the interests of religion, that I am to speak. We know 
from the character of their enterprise, vvliat it must have been. 
We know from their records, wliat it was. 

Of course, it had reference, in the first instance, to the support 
of the ministers who were settled over the different churches ; 
who were participators in the hardships, hopes, and labors of the 
enterprise, and contributed so largely to its success. 

At the first court, held Aug. 2-3, 1630 : " Impr., it was pro- 
pounded how the ministers should be maintained." 

" Mr. Wilson and Mr. Phillips only propounded. It was ordered that 
houses be built for them at the public charge. Sir Richard Saltonstall 
undertook to see it done at his plantation for Mr. Pliiliips, and Mr. 
Governor at the other plantation for Mr. Wilson. It was propounded 
what should be their present maintenance. After specifying the quantity 
of meat, malt, money, &c., it is added, ' all this to be at the common charge, 
those of Mattapan and Salem only excepted." ' 

Benedict, in his History of the Baptists, page 368, speaks of 
this, as " the first dangerous act performed by the rulers of this 
incipient government, which led to innumerable evils, hardships, 
and privations to all who had the misfortune to dissent from the 
ruling powers, in after times." And again, he says, " This was 
the viper in embryo ; here was an importation and establish- 
ment, in the outset of the settlement, of the odious doctrine of 
Church and State, which had thrown Europe into confusion, 
had caused rivers of blood to be shed, had crowded prisons with 
innocent victims, and had driven the Pilgrims [he means Puritans] 
themselves, who were now engaged in this mistaken legislation, 
from all that was dear in their native homes." 

This is certainly very unwarrantable language, in reference to 
the subject-matter. Whatever we may think, or say, of subse- 
quent events, it is a grievous misuse of the vocabulary, to term 
this a " dangerous act," and a " viper in embryo." On the con- 
trary, it was the most natural, consistent, and just proceeding 
that could be imagined. 

1 Mass. Records, vol. i. p. 73. 



403 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

The people who adopted this measure were a small company, 
who had come here with their families, their religious teachers, 
and their household goods, to form a settlement. We will 
leave out of our consideration here, their expatriation, their 
desire to enjoy the worship of God unmolested, and their sacri- 
fices for the accomi)lishment of their purposes. They were 
religious persons, deeply impressed witli the importance of 
supporting the institutions of religion. They revered their 
teachers, looked to their wisdom for advice in temporal as 
well as spiritual things, and were bound to provide for them a 
support. If they had not done so, they would have been worse 
than the infidels. What more just, what less exceptionable, 
measure could they have adopted, than to assess, in such manner 
as to them seemed best, a tax upon themselves for that purpose ? 
If they were content, there were no others who should object. 

We have, I think, in the character thus ascribed by this his- 
torian to this simple and just provision for the support of their 
religious teachers, the key to the difficulties which afterwards 
arose between them and others, who, with dill'erent religious views, 
instead of founding other settlements in the wilderness, wliere 
they could enjoy their liberty of conscience, after their own 
modes and forms, chose rather to claim a right to participate in 
the privileges of the Puritans, at the same time that they placed 
themselves in a very obnoxious antagonism to some of their 
most cherished principles. They intruded themselves into the 
Puritan Commonwealth, set up their standard of opposition to 
the principles and laws which they found there, and then com- 
plained, because the Puritans were not inclined to change their 
laws for the especial accommodation of their antagonists. 

I will consider this measure, as it developed itself afterwards, 
when I come to the question of their right of exclusion, and the 
manner in which they exercised it ; my object being, just now, 
to rescue this first act of religious legislation from the viperous 
metaphor, which, without sufficient provocation, attempts to 
fasten its fangs into it. 

One of the cliief accusations against the Puritans, — per- 
haps the greatest of all, — one which comes with a curl of the 
lip, or a toss of the head, or some other significant manifestation 
to make it emphatic, arises out of the connection of their 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 407 

churches with the politics of the State, — a union of Church 
and State, as it has been called. At an early day, fhoy passed 
a law by which none but church-members were to be admitted 
as freemen, so that the right of voting in the alTairs of the com- 
pany, and of the government, as established by and in the cor- 
porate body, — the right of suffrage, — was confined to persons 
who were members of the Church. 

Persons who care very little how many Quakers and Ranters 
were hung, are very sensitive respecting the safeguards with 
which the Puritans surrounded the ballot-box. Had they not 
some reason for the adoption of a sure rule ? 

Dr. Ellis, in his first lecture, stated that there is not in Boston, 
at the present day, any conceit, notion, fancy, or opinion, which 
did not exist soon after the settlement of Massachusetts; but 
I doubt, whether, among all the mischievous persons and all 
the preposterous notions of that day, there were any persons 
who maintained that there was such a thing as a natur.al right 
of suffrage; that is, a right bi/ nature, in every body, to partici- 
pate in the government of all others, as well as of themselves; 
that being the character of suffrage in a republican government. 
If there were any such, certainly the Puritans were not of their 
community. 

Well, undoubtedly, we should not select church-membership 
as a criterion by which to determine who should have the right 
of suffrage at the present day. It behooves us, however, to be 
very careful that we do not adopt something much worse. 

The law itself is in these words, " To the end the body of the 
freemen may he preserved of honest and good men : It is ordered. 
That henceforth no man shall be admitted to the freedom of this 
Commonwealth but such as are members of some of the 
Churches within the limits of this jurisdiction." 

Can we lay our hands upon our hearts, and say, that all our 
laws regulating suffrage have as wise and honest an object and 
purpose as that disclosed in this enactment ? 

Why should the enlightened people of tills day and genera- 
tion denounce or censure the Puritans, because they regulated 
the right to participate in the govermncnt which they founded 
upon that basis? — upon a basis which, in their estimation, gave 
the suffrage to honest and good men, — exceptions, of course. 



« 



408 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

Thank God, being a church-member is not evidence that a 
person has a had character, even in New Yorlc ; aUhongli there 
may be exceptions which serve to show that such membership is 
not conclusive evidence of a good character, even in Massa- 
chusetts. 

Had not the Puritans the legal right to limit participation in 
their government, in that manner? Was it morally wrong in 
them to do so ? Was it unjust ? Was it inexpedient 1 Unless 
we can answer some one, at least, of these questions emphati- 
cally in the affirmative, we convict ourselves, and not the Puritan 
Fathers, when we set ourselves up as censors, and condemn 
their legislation. 

As to the legal right, in the first place ! If the exposition 
which has been given of the provisions of the charter has been 
satisfactory, I need not add any thing upon this subject. Noth- 
ing can be more clear than tlieir right to judge and determine 
whom they would admit to the participation of the privileges 
under their charter. They were expressly authorized to admit 
freemen ; they were Jiot to admit all comers. They must exer- 
cise a right of selection in some manner. 

Was it morally wrong to adopt their principle of selection ? 
With a concession of the principle that all rightful government 
should be for the greatest good of the community over which it 
is exercised, and that in a republican State, the question what 
measures will produce the greatest good must be determined by 
the majority of voices having the right of decision, I think I 
might venture the proposition, that any rule of suffrage which 
such majority should conscientiously determine to adopt, as that 
best calculated to promote the welfare of the whole, whatever 
else might be thought of it, could not be censured as morally 
wrong. But some enthusiastic advocate of universal suffi-age 
might, perhaps, wish to be heard on that proposition ; so we 
will confine ourselves to the Puritan Commonwealth. 

Was it morally wrong in the grantees of the charter to deter- 
mine, that the greatest good of their organization would be best 
promoted by a limitation of that character ? I certainly do not 
suppose, that any one who has a reasonable sense respecting 
moral right and wrong, will be disposed to argue that question 
with me. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 409 

They profess to have done it, " to the end the body of free- 
men may be preserved of honest and good men."' Tlioy are, at 
least, entitled to the credit of the motive on which they professed 
to act until that motive be disproved, and there is not the first 
particle of proof that they were not actuated by it. Admit 
that this rule did not assure to them the association of all tiie 
good and honest men in the community. Will any of you tell 
me what criterion they should have adopted, in their circum- 
stances, which would have given higher assurance of the accom- 
plishment of the worthy end which they proposed to themselves? 
If I should pause for a reply, I think none would be forthcoming. 

Was this rule unjust? Who at that day should impeach it 
on this score ? It was made by the grantees of a charter, and 
those whom they had admitted as associates, prescribing for 
themselves a limitation on which alone they would admit otiier 
associates. 

The charter was, as we have seen, in form, and partly in fact, 
an act incorporating a company to which a large grant of land 
had been made, and to which was given the power to purchase 
and hold property, and the power also to plant and govern a 
colony upon the territory thus granted. The charter gave them 
expressly, what at this day follows as a corporate right, without any 
express words, the right to admit whom they pleased as freemen of 
the corporation ; that is, as associates entitled to a participation 
in all their rights and privileges equally with themselves. They 
might have required a price for the privilege of an ownership in 
the lands and a participation in the franchise of the corporation, 
if they had thought proper. But money was no part of their 
object in the admission of freemen, or in voting for officers. 
They had not even arrived at that knowledge of the science of 
government which teaches that legislators may sell their votes 
in a caucus for the nomination of candidates for an office to 
which they hold the power of election, and tlien say that there 
was no bribery in that, because the nomination of the caucus 
was not an election. They might have required any other 
condition of membership which to them seemed just and right. 
Under these circumstances, who should advance a claim to thrust 
himself into a participation of their rights and privileges ? The 
question answers itself. No one, unless he could say, that they 



410 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

had held out to him a prospect of participation, and then refused 
it. No one said that this had been done, even by implication. 
The rule was adopted very soon after the settlement, and was 
known and understood. If there was any such individual case, 
it would not affect the principle. 

Was the rule inexpedient ? — is the remaining question. We 
might inquire here, on what principle of right it is that we are 
to judge and condemn them upon such a question. We may 
judge and express our opinion whether they acted wisely for 
their own interests, without assuming to censure them for their 
judgment respecting a matter which, as it was then presented, 
was one affecting their rights, property, and duties. — But let us 
try this question also. In considering the three preceding ques- 
tions, I have treated them mainly as questions of right and of 
business in relation to a civil corporation. This presents itself 
in the same aspect ; but we must also take into consideration 
the religious character of the enterprise. 

And here there seems to be no possible room for doubt. It is 
true that it offered some temptation to persons to join the Church 
from sinister motives. Few persons, however, would venture, 
for secular reasons, to enter the pale of a church so strict in its 
observances ; and the sure support which the churches would re- 
ceive from the legislation of a General Court composed of their 
own members, would greatly overbalance any danger from hypo- 
critical members. 

This restriction of the privilege of freemen to persons who 
were members of the churches, is not to be regarded as evidence 
of intolerance or bigotry. Of itself, it required no profession of 
faith, — no creed. 

For the purpose of admission to a church, a person must have 
assented to the creed of that church very much as at the present 
day, so far as the Church has a creed. And so, through the 
operation of this rule, any ])erson who was admitted to the privi- 
leges of a freeman, must have given his assent to the creed. 
But this assent to the creed, merely, was not the reason why he 
was admitted to the franchise. Somewhat more than assent to 
the creed was required, in order to admission to the Church. 
The candidate must be a person of good character, honest, and 
of a blameless life. It was to secure a body of men, of such a 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 411 

character, that this rule was adopted. And, moreover, church- 
membership was not of itself the sole qualification. 

The Plymouth Colony undertook to secure the same result in 
a different mode. It was enacted there, that the deputies should 
propound candidates to the court, being such as have been also 
approved by the freemen of the town where such persons live. 
Then it was required that they be propounded at a June court, 
and stand propounded one whole year. And in the Revision of 
the Laws of that Colony in 1671, we find that none should be 
admitted as freemen but such as were, at least, twenty-one years 
of age, had the testimony of their neighbors that they are of sober 
and peaceable conversation, orthodox in the fundamentals of re- 
ligion, with twenty pounds ratable estate, and to stand pro- 
pounded a year, unless it was some person well known, or of 
whom the court might make present improvement.^ 

Which would best satisfy the candidate for sufl'rage at the 
present day, — the Puritan, or Pilgrim rule, — Massachusetts, 
or Plymouth? — more espt^cially when tiiere was another law of 
Plymouth by which freemen might be disfranchised, — a provi- 
sion which, if it existed at the present day, and were enforced, 
would cause a great exodus among the voters. — Even Riiode 
Island would not admit persons whom they considered turbulent 
and unruly, to ownership, or to exercise the privileges of 
freemen. 

Of itself, the rule did not prohibit immigration into the Colony. 
Whoever chose might come, notwithstanding the adoption of this 
rule. Persons ambitious of participating in the government 
might be influenced by it not to come ; but it would be their 
ambition which prevented them in such case. Persons might 
not desire to live under a government, with a religious legislation 
such as might be expected from such legislators ; but it would 
be the desire for a larger license which prevented them. The 
rule itself might be the remote cause; but another, operating 
more directly upon them, would intervene, and a maxim of the 
law teaches us to look to the near, and not to remote, causes, as 
the ground for complaint, if there be any. The rule denied to 
no one a participation in the protection which the government 
offered to persons and property. 

1 Plym. Col. Laws (Ed. 183G), p. 258. 



/ 



412 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

But, still farther, all the alteration which Charles II., or his 
ministers, required, in respect to the right of suffrage, when, in 
1662, he or they undertook to regulate the aflfairs of the Colony 
was, that " all the freeholders, of competent estates, not vicious in 
conversation, and orthodox in religion (though of different per- 
suasions in church government) may. have their votes in the 
election of all officers, civil and military." ^ Would this rule 
satisfy us better than church-membership ? The duty of making 
up the list of voters, on this basis, would not be an enviable one, 
at this day ; and an action for exclusion from the list might open 
a wide field of inquiry. 

The laws having for their object the conversion of the Indians 
to Christianity, were part and parcel of the religious legislation 
of the Colony. 

The laws for the observance of the Lord's day were very strict, 
and provision was early made for instructing the Indians on that 
subject. 

There were penalties for neglecting the worship of the churches, 
disturbing the order thereof, and for reproaching the ordinances. 

The law against Heresy provided, that " if any Christian within 
this jurisdiction shall go about to subvert and destroy the Chris- 
tian faith and religion, by broaching and maintaining any 
damnable heresies," of which there followed a very respectable 
catalogue, commencing with, " denying the immortality of the 
soul," " every such person continuing obstinate therein, after due 
means of conviction, shall be sentenced to banishment." 

Persons above sixteen years of age professing the Christian 
religion, might be punished for denying the inspiration of any of 
the books of the Old and New Testaments. 

But the introduction to the law against Heresy disclaimed all 
power over the faith and consciences of men. 

And in the proceedings respecting the celebrated Cambridge 
Platform, the General Court declared that they could not see 
light to impose any forms, as a binding rule, but gave their 
testimony to it. 

The Antinomian controversy was not merely a difference of 
opinion upon a speculative doctrinal question, but an open attack 
upon what was regarded as sound doctrine, in such a manner as 
1 Hutch. CoU. Papers, p. 379. 



CHARTER AND REDIGIOUS LEGISLATION OP MASSACHUSETTS. 413 



o 



to cause a commotion in the State, as is shown by the disarmin 
of the followers of Wheelwright ; a measure which would no't 
have been resorted to, but in fear of an outbreak. 

Another part of the religious legislation of the Puritans, upon 
which much vituperation has been expended, and many sneers 
wasted, is that regarding witchcraft. 

Are we all quite sure, that there was actually no witchcraft 
in the days of the Puritans ? 

We have, at this day, not only our rappings and tippings, 
our rope-tyings and our planchettes, but we summon spirits 
from the vasty deep, and, unlike those of Hotspur, they do come, 
bringing with them communications from the spirit-world, which 
must give us a very poor idea of heaven, if we suppose them 
to have come from that quarter. 

Is not the difference between this age and the former mainly 
in the fact, that witchcraft with us does not come on accu- 
sation ; but that our witches volunteer their manifestations, are 
quite willing to disjilay their powers, and are thus far more kindly 
disposed than their predecessors, not having, as yet, taken to 
sticking pins into people? 

For my own part, my imagination could just as easily mount 
an old woman on a broomstick, and set her careering through 
infinite space, as it could get up a conversation with General 
Washington about fly-traps, or with John Adams on the respec- 
tive merits of hair-dyes, or some other subject of even less sig- 
nificance. And when I give credence to all the supernaturals 
of our present time, I intend to believe also, unreservedly, in the 
Salem witchcraft! 

But, suppose we hold a little longer to the belief that the witch- 
craft of the former time was trickery and delusion ; upon what 
sound basis are we to single out the Puritans for condemnation ? 

The legislation of the Puritans in regard to witchcraft was 
but the legislation of the age in which they lived, and with their 
respect for the Jewish law, they, of all people, must have had 
such legislation. 

In England, the law against witchcraft was enforced with as 
little doubt of its existence, and of its being a proper object of 
criminal cognizance, as prevailed in Massachusetts ; and the exe- 
cutions there were much more numerous. 



414 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Even the Plymouth Colony had its legislation against it ; 
and if the witches had not thought that that small community 
offered too limited a field in which to exercise their vocation, I 
know no reason for believing that the good people there would 
not have enforced their laws against them. How should they 
have done otherwise ? 

Only a small portion of the people of Massachusetts, however, 
had any active participation in the prosecutions, and many made 
grave objections to them. 

The General Court appointed a special court for the trials ; 
and one at least of the judges of this court, and several of the 
justices, were much dissatisfied with the proceedings.^ Of the 
majority of the judges who were present, it may be said, that 
they had the belief in witchcraft, which that most eminent and 
upright judge, Sir Matthew Hale, entertained as firmly as they 
did ; and that they had quite as much evidence as was intro- 
duced in cases before him, in which he was instrumental in pro- 
curing convictions, on which he gave sentence of death, with a 
conscientious belief that he was doing good service to God and 
the State. He seems not to have wavered in this belief, to the 
day of his death. 

It has been suggested, that there was one physician in Massa- 
chusetts who, if his life had been spared, might, either by his 
professional skill or by his wise counsels, have done something 
to prevent or stay this lamentable delusion. It is a subject of 
profound regret that he should have died a year before his labors 
would have been so exceedingly useful. Those who were living 
" gave countenance and currency to the idea of witchcraft in the 
public mind, and were very generally in the habit, when a patient 
did not do well under their prescriptions, of getting rid of all dif- 
ficulty by saying that 'an evil hand' was upon him."^ Very 
convenient, indeed I 

Roman Catholic priests and Jesuits were forbidden to come 
within the jurisdiction. 

The right of the colonial government to exclude persons 
actually settled in the Colony, existed from the power to make 

1 Tliomas Brattle's Letter, Mass. Hist. Coll., 1st Series, vol. v. p. 75. Bentlej's 
Description of Salem, ib., vol. vi. p. 266. 
. 2 Upham's Witchcraft at Salem Village, vol. ii. p. 361. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 415 

laws, constitute courts and magistrates, and punish offences. 
Banishment was a recognized mode of punishment; and this was 
their common penalty for grave ollences against their religious 
polity. It was peculiarly adapted to a Commonwealth which 
was to be governed on religious i)rinciples, and to suppress the 
promulgation of religious doctrines inimical to its welfare. The 
Puritans desired to remove the disturbers of their peace; and 
many, if not most of these, were religious controversialists. 

Difficulties, which ended in sentence of banishment, for offences 
against their religious legislation, arose in various ways. 

You will not be shocked, I trust, if I venture the supposition 
that there is nothing in the whole world on which conscience is 
so sensitive, or by which it is so grievously violated, as the com- 
pulsory payment of money to be appropriated towards any thing 
connected with religion. 

A man pays taxes, which he knows will be appropriated to 
the support of an unrighteous war for the acquisition of territory 
belonging to the India!is, or to some weaker nation ; for wasteful 
expenditure on public buildings, or corrupt purchases for the 
benefit of contractors, or for the transportation of patent medi- 
cines in the mail under the franks of members of Congress, — 
he shrugs his shoulders, but his conscience is quiet. Let him 
understand, however, that his tax is appropriated to the support 
of a minister of the gospel, who preaches some doctrine to which 
he does not assent, — be the difference but 

" the division of the twentieth part 
Of one poor scruple, — nay if the scale do turn 
But in the estimation of a hair," — 

his conscience immediately takes the alarm, and he becomes the 
subject of persecution. 

The Puritans being satisfied with the mode of supporting 
ministers by a tax, which we have seen was originally adopted 
at the first meeting of the Court of Assistants in the Colony, 
continued it by subsequent enactments. All inhabitants were 
assessed, proportion ably to all charges in Church and Com- 
monwealth. If all the inhabitants had been as closely united 
in their religious sympathies as were the first emigrants, there 
could have been no objection to this, at least none of a con- 
scientious character. But this was impossible in the nature 



416 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

of things. Other emigrants came, with different tenets. It 
was, of course, impracticable to exclude all such, however great 
the caution might have been. Change of opinion must, also, 
have caused more or less of dissent. Difference of views caused 
opposition to the tax. The government disclaimed any right to 
interfere with the consciences of men, but insisted upon obedi- 
ence to the law as a civil duty. The recusants denied the 
authority of the magistracy to enforce the commands of the first 
table, and made speeches against it. The magistrates alleged 
that this was not only unsound in doctrine, but endangered the 
authority of the civil State. The recusants preached. The 
magistrates banished. The recusants insisted that they were 
persecuted for their principles. The magistrates averred that 
they were punished for their practices. 

Two questions may arise here. First, — Whether this was a 
tax for the support of religious doctrines, or one for the support 
of the civil State through the agency of religious teaching. If 
the first, then, by its enforced collection, conscience was violated. 
If the latter, then, by a refusal of payment, a rightful civil law 
was defied. Second, — Whether the speeches which were made, 
were the dictates of conscience, which required a testimony of 
that character against the enormities of the law, — or the utter- 
ances of the mere human will, determined to gratify its own wil- 
fulness, and, if possible, to retain the money in its own pocket. 

These questions, as the lawyers would say, may be regarded 
as exceedingly nice, — questions about which men may argue ; 
and, like the village schoolmaster, " e'en though vanquished," 
they may " argue still." 

As I am not one of those who can 

" distinguish and divide 
A hair, 'twixt south and soutli-west side," 

I must leave it to the casuists of the next two centuries to deter- 
mine whether or not the institutions of religion may be such a 
support to the civil State, that a tax, by the State, to sustain 
them, can be regarded as a mere civil regulation, violating no 
man's conscience, even if the money be applied to the main- 
tenance of teachers who differ from him, — whether or not the 
religious doctrine and the civil support may be regarded as so 
far distinct, that the civil magistrate may tax on the ground of 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 417 

the civil right, and the party pay without interference with the 
religious right. Whatever opinions may be entertained, the 
Puritans, I thinlv, tooiv, substantially, that distinction, and their 
rule, thus stated, survived the Colony, lived through the Province, 
was incorporated into the Constitution of 1780, withstood the 
efforts of two Constitutional conventions for its abrogation, and 
yielded at last, more than two centuries after its first intro- 
duction. 

It is a matter of recent history, that a republic founded upon 
a substratum of infidelity has but a short existence. The dura- 
tion of one which shall disclaim the support of religious teach- 
ings, and rely upon the intelligence attendant upon universal 
suffrage, and the purity derived from a universal scramble for 
office, is a problem which has not yet received its solution. 

But to leave the Puritans here would not be doing them jus- 
tice on this subject. They have been charged with inconsistency, 
and persecution, in reference to these proceedings. 

Mr. Benedict, just quoted, says further of the original order 
for the maintenance of the ministers, — 

" From these resolutions on board this floating vessel, which by subse- 
quent acts became a permanent law, subjecting every citizen, whatever 
was his religious belief, to support the ministry of the established church, 
and to pay all the taxes which the dominant party might impose for their 
houses of worship, their ordinations, and all tlieir ecclesiastical affairs, pro- 
ceeded the great mistake of the Puritan Fathers. And from the same 
incipient measure grew all the unrighteous tithes and taxes, the vex- 
atious and ruinous lawsuits, the imprisonment and stripes of the multi- 
tudes who refused to support a system of worship whicli they did not 
approve." 

After other remarks of a similar character, he adds, p. 369, — 

"The most charitable exposition we can give of this unpleasant subject 
is, that good men with bad principles were led astray ; that altliough tiiey 
were driven by persecution from their native land, and here intended to 
form an asylum for the oppressed who should fly to them for shelter, of 
every nation and of every creed ; yet from the strength of habit, and the 
general opinions of mankind, in that age, they dare not leave the sacred 
cause to its own inherent influence ; and the spirit of the times, rather 
than the disposition of the men, hurried them forward to those persecuting 
measures which have fixed an indelible stain on their otherwise fair 

name." 

27 



418 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Assuming the matter to be one involving a question of eon- 
science, this might be true, if they intended to form an asylum 
for persons of all creeds, to come and promulgate all doctrines, 
even to denunciation of their own most cherished pi'inciples. 
But the fact being shown to be just the reverse of all this, the 
allegation of persecution fails, along with that of inconsistency. 

A man persecutes nobody, by defending his own from en- 
croachment. The lands within their chartered limits were theirs. 
The government was theirs. The faith and modes of worship 
were theirs. Under their grant from the Council at Plymouth 
and their charter from the Crown, they secured to themselves, as 
we have seen, substantially a fee-simple in their lands, which 
they could protect against all encroachments. They endeavored 
to secure to themselves, also, a theologic fee-simple, so to speak, 
or at least a life-estate, and they were exceedingly tenacious of 
this, and more sensitive to trespasses upon it than to trespasses 
upon property, in the proportion that the concerns of religion 
held a higher place in their estimation than mere temporal affairs. 
There was little temptation to commit trespasses upon their tem- 
poral fee. But there were other zealots besides themselves, who 
were quite desirous of becoming tenants in common, at least, 
if not disseisors, of their ecclesiastical fee. The attempt was 
promptly met, first by warning off; and when that failed, by an 
ecclesiastical action of trespass, resulting in a fine;- and when that 
failed, by a process of ejectment, called a sentence of banishment. 

It would be but upon a very superficial view of the subject, to 
say, that they had no right to do this, and that it was inconsist- 
ent with their position in England. The Puritans in England, 
like others there who dissented, were mostly natives of the soil : 
they had natural rights there, — a right to form their opinions 
upon religious subjects, equally with all other inhabitants of that 
country ; an equal right to express them peaceably ; a right 
to adopt their creed and forms of worship, according to the 
dictates of their consciences (even if the government might tax 
them) ; and a right to the protection and support of the govern- 
ment, in the enjoyment of their rights and liberties. That was 
their country, their home : there were their families, and their 
relatives, friends, all their associations. They had no other 
place in which to enjoy their rights. Members of the Church of 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. -119 

England had the same natural rights, and no more. Other dis- 
senters from her doctrines had the same rights, and no less. The 
Church of England, claiming to be established by law, required 
conformity to her creed and usages and forms, in matters deemed 
by others essential errors ; and hence violation of conscience, and 
persecution. 

It was open to all who miglit be able, to escape from this per- 
secution. It was natural that those who attempted it should 
associate for the purpose. The Puritans did so, — provided for 
•themselves a place of refuge in the wilderness, and obtained a 
charter of government. This was emphatically for themselves 
and those who sympathized with them, and not for others. The 
creeds, modes, and forms of others who dissented, were as ob- 
noxious to them as those of the Hierarchy. They were not 
required by any principle of religion, or morals, or comity, or 
benevolence, to provide for a theologic warfare against themselves 
and their cherished opinions on the western shore of the Atlantic; 
and they did not do it. They did not profess toleration. Why 
should they ? With a perfect conviction that they were right, 
of course others were wrong. And error was fatal ! We have 
as little of toleration at the present time, in relation to some other 
things, and with less excuse. Others who came wore bound to 
respect their religious, equally with their civil, institutions. Tliere 
was no persecution in their attempt to maintain them, by the 
exclusion of those who could be restrained in no other way. 
No one had a right to come and set up an opposition, and 
plead " conscience." That plea was open to a general demurrer. 
"What of that!" You have no right to bring such a con- 
science here. 

I submit that the argument is unanswerable, and a full justifi- 
cation of the general principle upon which the Puritans acted. 
We may think their creed too narrow. There was, doubtless, 
mistake, anger, error, excess, wrong, in individual cases. I seek 
not to justify such things. All I claim is a vindication of 
the legal and moral right of the Puritan Fathers to govern their 
own Commonwealth, the child of their labors, ot their prayers, 
of their hopes, and of their fears also ; and to exclude others, who 
could not join in fellowship with them, from the enjoyment of 
their privileges, without being accused of persecution. 



420 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Whether their ecclesiastical right could stand on this founda- 
tion for more than one or two generations, is another and a dif- 
ferent question. It would, certainly, not be a very long period 
before those who had been born on the soil would have as great 
a right of non-conformity to the existing state of things, as the 
Puritans had in England, and upon similar grounds. They had, 
in fact, no theologic fee-simple, and could not transmit an inherit- 
ance in any exclusive right. They had nothing more than a life- 
estate, in this respect. 

But the matter was not suffered to develop itself in that way. 
The theologic trespassers brought it to a more direct and speedy 
issue. 

The members of the Church of England seem to have left the 
Puritan Fathers in the undisturbed enjoyment of their rights. 
They neither sought nor were involved in any controversy with 
them here, in the early settlement, unless the controversy respect- 
ing the charter had that aspect. 

With the exception of the Quakers, the Anabaptists were the 
most prominent in this religious aggression. 

In 1639, several persons were fined for attempting to gather a 
small company of believers. 

A law for the banishment of Anabaptists was passed in 1644, 
with a preamble giving them a very bad character.^ 

" The heart-rending sufferings which were inflicted on John 
Clark, Obadiah Holmes, and others " (so Benedict characterizes 
the affair), in 1651, may gerve to illustrate the spirit of the times. 
Clark, Holmes, and John Crandall, " representatives of the church 
at Newport," Rhode Island, came to Lynn and held a meeting 
at the house of a brother, on the plea that he was too old to go 
to Newport. Benedict says, " The circumstance of these men 
being representatives, leads us to infer that sometiiing was de- 
signed more than an ordinary visit." Undoubtedly ! They came 
to do what they knew was a violation of the laws of Massachu- 
setts. — The constable came, as might have been (probably was) 
expected, broke up the meeting, arrested, and took them to the 
ale-house, or ordinary, and being, evidently, a man zealous in the 
faith, and doubtless supposing that the meeting-house was a more 
suitable place than the ale-house for such people, — wishing also, 
1 Mass. Records, toI. ii. p. 85. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 421 

probably, that they should hear a little sound doctrine, — he pro- 
posed, at dinner, if they were free, to take them to the meeting. 
They replied, " We are in thy hand ; and if thee will take us to 
the meeting, thither will we go." But they informed him further, 
" If thou forcest us into your assembly, then shall we be con- 
strained to declare ourselves, that we caimot hold communion 
with them." The zealous constable did not care for that, and so 
to the meeting they went. Taking off their hats at the threshold, 
when they were seated they put them on again, and Clark opened 
his book and fell to reading. The constable, by order of a magis- 
trate, took off their hats. When the preaching and praying were 
over, Clark, as a stranger, stood up and desired to say a few things 
to the congregation. The preacher said, we will have no objec- 
tions to what has been delivered. But Clark must explain his 
gesture of dissent (putting on his hat) ; and the explanation being, 
substantially, that to conjoin and act with them would be sin, and 
that he could not judge that they were gathered together and 
walked according to the visible order of the Lord, he was told he 
had said and done that which he must answer for, and was 
silenced. Shortly after, they were tried; and, according to the 
account, his defence embarrassed the judges. Clark says, — 

" At length the Governor stepped up and told us we had denied infant 
baptism, and, being somewhat transported, told me I had deserved death, 
and said he would not have such trash brought into their jurisdiction ; 
moreover he said, you go up and down and secretly insinuate into those 
that are weak, but you cannot maintain it against our ministers. You 
may try and dispute with them." 

They were fined, and refusing to pay were imprisoned. But 
Clark caught at the last remark of the Governor, as if it were a 
challenge to a debate, and the next morning sent a formal accept- 
ance, with a request that a time might be named ; shrewdly pre- 
facing it with, " Whereas it pleased this honored court yesterday 
to condemn the faith and order, which I hold and practise," — so 
that the dispute might be upon his faith and order. The magis- 
trates were not to be caught in that way, but inquired whether 
he would dispute upon the things contained in his sentence, &c. 
" For," said they, " the court sentenced you not for your judg- 
ment and conscience, but for matter of fact and practice." Clark 
replied, " You say the court sentenced me for matter of fact and 



422 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

practice ; be it so. I say that matter of fact and practice was but 
tiie manifestation of my judgment and conscience, and I make 
account, that man is void of judgment and conscience, that hath 
not a fact and practice suitable thereunto." 

The magistrates saw, doubtless, that the debate would involve 
his faith and his conscience, and, if allowed, that he would gain 
the opportunity which he desired, of promulgating his doctrines 
under their permission, and therefore protection, and declined to 
allow it. Clark's friends paid his fine, and he was discharged. 

But Clark, as Benedict says, " knowing that his adversaries 
would attribute the failure of it [the debate] to him," immedi- 
ately on his release drew up an address, reciting, that through the 
indulgency of tender-hearted friends, without his consent, and 
contrary to his judgment, the sentence had been satisfied and a 
warrant procured by which he was secluded the place of his im- 
prisonment, by reason whereof he saw no call but to his habita- 
tion ; yet, lest the cause should suffer, he signified that if it should 
please the magistrates, or the General Court, to grant his former 
request, he should cheerfully embrace it, and come from the island 
to attend to it. 

The magistrates replied, that they conceived he had misrepre- 
sented the Governor's speech in saying he was challenged to 
dispute, adding, — 

" Nevertheless, if you are forward to dispute, and that you will move it 
yourself to the court or magistrates about Boston, we shall take order to 
appoint one who will be ready to answer your motion, you keeping close 
to the questions propounded by yourself; and a moderator shall be ap- 
pointed also to attend upon the service ; and whereas you desire you 
might be free in your dispute, keeping close to the points to be disputed 
or without incurring damage by the civil justice, observing what hath 
been before written, it is granted^ the day may be agreed if you yield 
the premises." 

Clark took exception to the answer, and repeated his former 
motion, saying, if the General Court should accept it, and, under 
the secretary's hand, should grant a free dispute without moles- 
tation or interruption, he should be well satisfied. Benedict 
says, " Mr. Clark all along kept in view the law which had been 
made seven years before, which threatened so terribly any one 
who should oppose infant baptism. This was the reason of his 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 423 

requesting an order to dispute in legal form." And he adds, 
" Mr. Clark, therefore, left his adversaries in triuinpli." Again, 
" So completely was he at home in the baptismal eontroversy, 
that he was evidently as desirous for the public discussion, as 
his opponents were to avoid it." 

Thus it was that Mr. Clark returned to his habitation, a " per- 
secuted" man, who had endured "heart-rending sufferings." ^ 
Judging from the fact that he came willingly and knowingly ; 
that he was nothing loath to be forced to go to a meeting where 
he should be constrained to declare his dissent; that he used 
the trial to make an open defence of his doctrines; that he 
was so anxious to debate the matter afterwards with the minis- 
ters, if he could have a clear field without danger of the law ; 
and that he finally left his adversaries in triumph ; — it is at least 
an open question, whether the persecution was not more in the 
avoidance of the public free debate, than in the fine, and im- 
prisonment for non-payment. He seems in all this to have had 
an eye to the things temporal, in regard to his controversy with 
Mr. Coddington, perhaps quite as much as to things spiritual.- 

Clark carried his complaints to England;^ and Sir Richard 
Saltonstall wrote to Cotton and Wilson, the ministers at 
Boston, — 

" It doth not a little grieve my spirit to hear what sad things are re- 
ported daily of your tyranny and persecutions in New England, as that 
you fine, whip, and imprison men for their consciences. First, you com- 
pel such to come into your assemblies, as you know will not join you in 
your worship ; and when they sliow their dislike thereof, or witness 
against it, then you stir up your magistrates to punish them for such (as 
you conceive) their public affronts. ... We pray for you, and wish you 
prosperity every way ; hoped the Lord would have given you so nuich 
light and love there, that you might have been eyes to God's people here, 
and not to practise those courses in a wilderness, which you went so far 
to prevent. These rigid ways have laid you very low in the hearts of 
the saints. I do assure you, I have heard them pray in the public assem- 
blies, that the Lord would give you meek and humble spirits, not to strive 
so much for uniformity, as to keep the unity of the spirit in the bond of 
peace." 

1 Benedict, pp. 371-375 ; Backus's Hist, of New England, vol. i. pp. 21-1-228. 

2 See Palfrey, Hist. N. E., vol. ii. p. 3-59. 

3 lU News from New England, Mass. Hist. CoU. 4th Series, vol. ii. pp. 3, 27. 



424 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Mr. Cotton, answering " for Brother Wilson and self," said of Holmes, 
"As for Lis whipping, it was more voluntarily chosen by him than in- 
flicted on him. His censure by the Court, was, to have paid, as I know, 
£30, or else be whipt ; his fine was offered to be paid by friends for him 
freely, but he chose rather to be whipt; in which case, if his suffering of 
Stripes was any worship of God at all, surely it could be accounted no 
better than will-worship." . . . 

To the other paragraph above quoted, he replied, " You know not, if 
you think we came into this wilderness to practise those courses here, 
which we fled from in England. We believe there is a vast difference 
between men's inventions and God's institutions ; we fled from men's in- 
ventions to which we else should have been compelled ; we compel none 
to men's inventions. If our ways (rigid ways as you call them) have 
laid us low in the hearts of God's people, yea, and of the saints (as you 
style them), we do not believe it is any part of their saintship. Never- 
theless, I tell you the truth, we have tolerated in our churches some 
Anabaptists, some Antinomians, and some seekers, and do so still at this 
day. We are far from arrogating infallibility of judgment to ourselves, or 
affecting uniformity ; uniformity God never required, infallibility he 
never granted us." ^ 

These proceedings serve well to illustrate not only the religious 
legislation and civil administration of that period, but the spirit 
and temper of all parties. The Bible was the guide of the Puri- 
tans, and their law. Their legislation was founded upon it. Com- 
pelling men, therefore, to conform to their laws, was compelling 
them to conform, not to men's inventions, but to God's institu- 
tions. 

The proceedings in reference to the " Quakers and Ranters " 
come under consideration, as a part of the religious legislation 
of the Puritan Commonwealth ; and notwithstanding the matter 
has been discussed with great ability and research by Dr. Ellis, 
in the third lecture of this course, it may be proper for me, as it 
comes also within the scope of my subject, to say a few words 
upon it, instead of passing it by with a mere recognition. 

Polonius, along with other very good advice to his son, Laertes, 

counselled him to — 

" beware 
" Of entrance to a quarrel : but, being in, 

Bear't, that tlie opposed may beware of thee." 

1 See the letters entire, Hutch. Coll. Papers, pp. -101-407. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 425 

The people of Rhode Island happily acted upon the first part 
of this maxim, in reference to the Quakers who came amon" 
tnem. Had the Puritans done the same, it is probable that the 
nuisance would have been equally harmless in Massachusetts. 
But such a forbearance would have been wholly at variance witii 
their principle of excluding disturbers of their peace, and witli 
their practice of rigidly enforcing their laws. Tiiey entered, there- 
fore, upon the quarrel sought to be fixed upon tliem, witii an 
energy that made it apparent they were not unmindful of tlie 
principle embodied in the latter part of Polonius's advice. 

With a commendable moderation in the outset, they evinced 
a rigid determination to maintain their authority. They warned, 
they sent away, they fined, they whipped, they imprisoned, and 
branded. When these more usual punishments failed, ears (not 
many of them) were cut off. This cruel, but in England, at that 
day, not very unusual, punislnnent was inefficient also. Tlien 
came banishment, with a condition annexed, that a return with- 
out permission was on pain of death. And when all else was 
utterly ineffectual, the penalty of death was inflicted. 

The Federal Commissioners of the four colonies (Massachu- 
setts, Plymouth, Connecticut, and New Haven), at their annual 
meeting in 1656, had recommended that such persons, if any 
come, should be forthwith secured or removed out of all the 
jurisdictions. When, two years afterwards, it was found that 
punishments of the milder character were of no avail, the 
Federal Commissioners propounded and seriously commended to 
the several General Courts to make a law of the precise char- 
acter of that under which Massachusetts inflicted the extreme 
penalty.! Jq other instances, prior to this time, parties had been 
banished with a like condition, and there had been no instance 
of a violation of it. So it was believed would be the case in this 
instance. But here was a different class of offenders, — fanatical, 
or self-willed, — self-devoted to their will. We may call it con- 
science, but it was conscience as defined by the Indian, " Some- 
thing here [laying his hand on his breast], which says, ' I won't,'" 
We may call it insanity ; but, if insanity, it was of the same 
self-willed character. 

I Talfrey, Hist, of New England, vol. ii. p. 409. John Winthrop, of Connecticut, 
attaclied a qualification to his subscription. 



426 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

It is quite possible that something of human passion may 
have been excited in the magistrates of the Colony by this wanton 
contempt of their right and their authority. But mischief arising 
from mere contempt, — still less, resentment and passion conse- 
quent upon such contempt, — could furnish no justification for 
proceeding to the last extremity. In that view the most that 
could be said in extenuation would be, that there was a success- 
ful courting of martyrdom by a series of persistent efforts, and 
under circumstances which rendered it next to impossible for the 
government to refuse the crown. That the Quakers, supposing 
them to be sane, richly deserved any suitable punishment for dis- 
turbing the peace, is not to be doubted. 

The cry of persecution of the Quakers by the Puritans has 
been long and often repeated. It is within a few days, that I 
saw, in a notice of a sombre work, entitled " New-England 
Tragedies," this paragraph : " They [the Puritans] persecuted the 
Quakers with immense zest and activity ; but it cannot be 
denied that the Qualvers gave great provocation." 

Now I take a direct issue with the first part of this allegation, 
and with all other averments that the Puritans of Massachusetts 
persecuted the Quakers. Let us bear in mind that it was not 
for non-conformity that the Quakers were prosecuted ; and let 
us understand the significance of the terms we use. What is 
persecution ? If we turn to the great work of our late learned 
and most worthy associate. Dr. Worcester, we shall find a satis- 
factory definition ; and tried by that standard, or by any other 
entitled to regard, I maintain, without hesitation, that so far from 
the Puritans persecuting the Quakers, it was the Quakers who 
persecuted the Puritans. Pardon me, if I consider this some- 
what in detail. 

There was no pursuit either " with malignity or enmity " in 
the proceedings of the magistrates, even if anger occasioned by 
such persistent annoyance may have been excited. The Puritans 
did not " harass" the Quakers " with penalties." The Qitakers 
harassed the Puritans, and the Puritans inflicted penalties for the 
transgression of their laws, as other communities inflict penalties 
for transgressions. There must be something more than this to 
constitute persecution, or the tenants of our state prisons may 
cry out, persecution ! So again, it was not the Puritans who 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 427 

" afflicted," " distressed," « oppressed," and « vexed," the Quaiiers, 
on account of their opinions ; but the reverse of all that. 

Wenlock Christison, the last person upon whom SL-ntence of 
death was passed, is reported by Seweli, in his History of the 
Quakers, to have said to the court, " If ye have power to 
take my life from me, God can raise up the same principle of 
life in ten of his servants, and send them among you in my 
room, that you may have torment upon torment, which is your 
portion ; for there is no peace to the wicked, saith my God." 
That states the truth of the matter, so far as persecution is con- 
cerned. The Puritans had no peace, but " torment upon 
torment" from the Quakers. 

The only reasonable question which can arise, is, Were the 
Puritans justified in the infliction of the extreme penalties? 
That the Quakers harassed, afflicted, distressed, oppressed, and 
vexed them, may not be a sufficient justification for that. 

Was there danger to the Puritan Commonwealth, — danger 
of its overthrow, — danger of the subversion of the principles 
upon which it was founded ? Every otlier expedient to rid 
themselves of the nuisance had been tried in vain ; and this 
punishment was denounced as the penalty for a return from 
banishment, in the hope and expectation that its terror would be 
efTectual, and render its infiiction unnecessary. 

When this proved otherwise ; when their principles were 
denounced, their authority derided and defied, their peace dis- 
turbed, and they were dared to carry into execution their 
own decrees, — if there was danger to their institutions, what 
course ought the magistrates to have adopted ? 

The Quakers courted death, if the Puritans dared to inflict it. 
They despised and rejected the mercy which would have saved 
them. Assuming that they were sane, however much we 
may lament the occurrence, why should we waste our sym- 
pathies on them, if, by their proceedings, they endangered the 
Commonwealth into which they intruded ? It is said now, that 
they were more fit subjects for an insane hospital than for any 
of the punishments which were inflicted. If they were insane, 
we cannot hold the Puritans responsible because we have dis- 
covered that fact two centuries afterwards. There was no such 
supposition at the time, neither was there an insane hospital. 



428 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

Great odium has been cast upon the law and its administra- 
tion, in the infliction of those extreme punishments, and upon 
the clergy, so far as they participated. I submit, whether the 
responsibility is not chargeable rather upon the lamentable state 
of medical science at that time, which, while busying itself 
with catnip and elecampane, millipedes and powder of baked 
toads, had not discovered that there was any other form of 
mental disease than that which manifested itself in a furious 
derangement. How should lawgivers, judges, and jurors, or 
clergymen even, ascertain the fact of insanity, — a matter so 
foreign to their ordinary studies, — when the studies and diag- 
nosis of the physician failed to perceive it. Medical science at a 
much later day, under the lead of jurisprudence, has redeemed 
its character. The medical profession having left the investiga- 
tion of the virtues of baked toad-powder for that of the phe- 
nomena of mental disease, the law seeks information on that 
subject, in aid of its administration. 

Medical testimony is heard on the question, sane or insane? 
Medical experts give their opinions, and the interests of 
humanity are subserved, and the cause of justice often pro- 
moted; though it must be acknowledged, that the notion of 
mental derangement is carried to an extreme, when a jury finds 
a defendant sane the moment immediately before, and sane 
again the moment immediately following, the commission of a 
very delibe^rate homicide, but insane at the precise moment 
when the deed was committed. I admit that the Bench deserves 
censure, when it fails to rebuke such a perversion of principles. 
But it would be unreasonable to expect too much from a judi- 
ciary elected by a popular vote, and whose tenure of oflice is for 
a short term of years. 

Upon the question whether their institutions were endangered 
by the Quakers, the Puritans are entitled to be heard. 

In a humble petition and address of the General Court, pre- 
sented to the King in February, 1660, it is, among other things, 
said, — 

" Concerning the Quakers, open, capital blasphemers, open seducers 
from the Glorious Trinity, the Lord's Christ, our Lord Jesus Christ, &c., 
the blessed Gospel, and from the Holy Scriptures as the rule of life, 
open enemies to government itself as established in the hands of any 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS, 429 

but men of their own principles, malignant and assiduous promoters of 
doctrines directly tending to subvert both our churches and state ■ after 
all other means, for a long time used in vain, we were at last constrained, 
forrf)ur own safety, to pass a sentence of banishment against them, upon 
pain of death. Such was their dangerous, impetuous, and desperate 
turbulency, both to religion and to the state, civil and ecclesiastical, as 
that, how unwilling soever, could it have been avoided, the magistrate at 
last, in conscience both to God and man, judged himself calle'd, for the 
defence of all, to keep the passage with the point of the sword held 
toward them. This could do no harm to him that would be warned 
thereby ; their wittingly rushing themselves thereupon was their own act, 
and we, with all humility, conceive a crime bringing their bloods upon 
their own head." ^ 

Assuming this representation to be true, the colonists must 
stand excused. 

Dr. Palfrey says, — " Imprudently calculating on the effect of their 
threats, the Court had placed themselves in a position which they could 
not maintain without grievous severity, nor abandon without humiliation 
and danger. For a little time there seemed reason to hope that the law 
would do its office without harm to any one." 

Again, — "Whether or not their imaginations had exaggerated the 
original danger, it could no longer, after an experiment of more than three 
years, be justly considered great." 

And again, — " But among the colonies of New England, it is tlie unhappy 
distinction of the chartered — and therefore at once more self-confident and 
more endangered — colony of Massachusetts, to have been the only one 
in which Quakers who refused to absent themselves were condemned to 
die. Her right to her territory was absolute, deplorable as was the 
extreme assertion of it. No householder has a more unqualified title to 
declare who shall have the shelter of his roof, than had the Governor 
and Company of Massachusetts Bay to decide who should be sojourners 
or visitors within their precincts. Their danger was real, though the 
experiment proved it to be far less than was at first supposed. Tlie 
provocations which were offered were exceedingly offensive. It is hard 
to say what should have been done with disturbers so unmanageable. 
But that one thing should not have been done till they had become more 
mischievous, is plain enough. They should not have been put to death. 
Sooner than put them to death, it were devoutly to be wished that the 
annoyed dwellers in Massachusetts had opened their hosjiitable drawing- 

1 Mass. Records, vol. iv. part i. p. 451. 



430 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

rooms to naked women, and suffered their ministers to ascend the 
pulpits by steps paved with fragments of glass bottles." * 

But if the danger of the civil Commonwealth was not extreme, 
that of the religious government connected with it was im- 
minent. If the Quakers might contravene and defy the laws 
which protected the religious institutions and worship of the 
Puritans, all others might do the same. Their peculiar religious 
government was thus in extreme peril. With regard to that, 
the controversy was preservation or destruction ; and the result 
was the latter. 

The infliction of the punishment of death did not avail. The 
Quakers had an indomitable perseverance, and much encourage- 
ment to continue the contest. The law inflicting this penalty 
had passed but by a majority of one. There was much opposi- 
tion to its execution. The military guard shows the fear which 
existed of an outbreak. The opposition was such that the gov- 
ernment gave up any farther attempt to execute the extreme 
penalties. The Quakers came in greater numbers, and com- 
mitted greater extravagancies. The government mitigated the 
penalties, and finally submitted to the intrusion. The Quakers 
triumphed; — and the experiment of the Puritans, — the theo- 
logic freehold, — the Commonwealth which was to exclude un- 
sound doctrine and practice, — failed then and there, — and, so 
far as we can perceive, from that time forth, for evermore. 

The civil government did not fail, the religion did not fail; 
but the principle of the legal exclusion of error received a fatal 
blow. 

The failure was not merely because the Quakers had con- 
quered, but by reason of the causes through which they had 
conquered. 

I quote from Dr. Palfrey once more, p. 482, — 

" It was settled tliat the Governor and Company of Massachusetts Bay 
were not to have the disposal of their home. They had bought it, and 
paid dear for it. They had on their side that sort of rigid justice which 
accredited writers recognize, when tliey lay down the rule that a perfect 
right may be maintained at any cost to the invader. But trespassers had 
come who would not be kept away, except by violent measures, which had 

1 Palfrey's New England, vol. ii. pp. 474, 476, 484. 



CHARTER AND RELIGIOUS LEGISLATION OF JIASSACHDSETTS. 431 

produced only a partial effect, and which the invaded could not prevail 
upon themselves any longer to employ. The feeling of humanity, which 
all along had pleaded for a surrender, at length uttered itself in overpower- 
ing tones." 

And Sir Ferdiiiando Gorges, in his " Brief Narration of the 
Original Undertakings of the Advancement of Plantations into 
the Parts of America," published in 1658, speaking of the char- 
ter, says, — 

" By the authority whereof the undertakers proceeded so effectually, that 
in a very short time numbers of people of all sorts flocked thitlier in heaps, 
that at last it was specially ordered by the King's command, that none 
should be suffered to go without license first had .and obtained, and they 
to take the oaths of supremacy and allegiance. So that what I long be- 
fore prophesied, when I could hardly get any for money to reside there, 
was now brought to pass in a high measure. The reason of that restraint 
was grounded upon the several complaints, that came out of those 
parts, of the divers sects and schisms that were amongst thetn, all con- 
temning the public government of the ecclesiastical state. And it was 
doubted that they would, in short time, wholly shake off the royal juris- 
diction of the Sovereign Magistrate." ^ 

We can see now that it was impossible that their peculiar re- 
ligious institutions, — " God's institutions," as Mr. Cotton called 
them, — should be maintained for a long period against the influx 
of population " contemning the public government of the eccle- 
siastical state" here: we can see that it would have been better, 
(to use a common form of speech^ infinitely better, had they vol- 
untarily yielded to the pressure, at an earlier day, and quietly 
submitted to a modification of their religious establishment, giving 
greater liberty for dissent, and more tolerance to opposition. The 
civil state can hardly be said to have been in danger of over- 
throw. It may not have been wise, it may not have evinced 
sound statesmanship, for them to attempt to maintain their 
experiment against the intrusion of the Quakers, considering the 
opposition which was made to it. 

If, under the existing circumstances, they saw the impending 
inevitable consequences, they cannot be held excused in sacrificing 
life to the end that their church polity might be vigorously en- 
forced for a little time, only to be overthrown within a short 

1 Mass. Hist. Soc. CoU., 3(1 Series, toI. vi. p. 80. 



432 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

period. Anger and passion, under great provocation, can afford 
at best but palliation. 

But, assuming that there was no danger to their civil govern- 
ment, the principle which lay at the foundation of their whole 
government, civil as well as ecclesiastical, — the principle of 
excluding what they deemed fundamental error in religion by the 
civil arm, — was on trial; and if, on the other hand, they might 
well believe, and did believe, that God's institutions committed 
to their charge could be sustained, error excluded, their peace 
preserved, and their peculiar Commonwealth maintained, by the 
rigid enforcement of their laws, even unto death, the danger 
which menaced their institutions from the proceedings of the 
Quakers must hold them excused. On what authority shall we 
pronounce that they must have seen the first, and could not have 
acted upon the last, of these propositions? 

Their Commonwealth was one of small beginnings. If it 
could have been kept a small Commonwealth, — distinct and 
independent, its religious legislation enforced as it might have 
been under such circumstances, — it would, doubtless, have pre- 
served its original constitution much longer ; and with their 
knowledge of the mutability of human affairs, they could not 
have anticipated that it was to endure for all generations. They 
were authorized originally, by the circumstances to which I have 
referred, to anticipate for it a reasonable duration, and they were 
men who could commit to God's providence the ordering of the 
future. The extract from Sir Ferdinando Gorges' " Brief Narra- 
tion " shows that they did not anticipate that the example of their 
emigration would be followed by such a numerous company of 
men, who, of divers sects and with divers schisms, " contemning 
the public government of the ecclesiastical state, " claimed liberty, 
not so much to worship God according to the dictates of their 
consciences, as liberty not to worship Him at all. 

There is a grave question, I think, not as yet sufficiently con- 
sidered, how far writers of fiction, whether of prose or poetry, 
are at liberty to represent historical personages otherwise than on 
the basis of historical truth. 

If the fiction be like Irving's Knickerbocker's New York, — a 
burlesque so transparent that no one is for a moment misled, — 
there is no harm done. But if the tale or poem be of that 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 433 

character that no one but an expert in history can distinguish 
between the true and the false, the fact and the fiction, very 
serious injury may be, in many instances will be, done to the 
reputation of those who have bequeathed that reputation to 
posterity, in the hope that it may be preserved untarnished. 
More especially is this true, if, the prologue says, — 

" the author seeks and strives 
To represent the dead as in tlieir lives." 

It is well for the author of the " New-England Tragedies " 
that the Puritan laws are no longer in force, else he might be 
called to answer, not only for that he did — 

" perchance misdate the day and year, 
And group events togetlier by liis art, 
That in the Chronicles lie far apart," 

but that he did, moreover, interpolate matter which had 
neither day, nor year, nor chronicle, in point of fact, thereby 
giving false impressions respecting the truth of history. 

The relation of events in their order is one of the first of the 
requisites of history. Not only the year, but sometimes the very 
day in which a thing is done, is of the utmost importance to a 
right understanding of the character of men, and of their acts 
also. 

It is not an immaterial matter, whether the Puritans forbore, 
at last, to proceed capitally against the Quakers from their own 
conviction that such a course would cause a great sacrifice of 
life, and would finally fail of accomplishing their object; or 
whether, thirsting for blood still, they were stopped by a " man- 
damus" from Charles II., — who, by the way, had no power 
to issue such a judicial writ, even if he might amend the 
charter. 

It may not be amiss, therefore, to state, that the last exe- 
cution, that of William Leddra, took place March 14, 1661 ; that 
Wenlock Christison, or, as the record has it, Wendlock Christo- 
phcrson, who had been banished and threatened with death if he 
should return, confronting the judges on Leddra's trial with, " I 
am come here to warn you, that you shed no more innocent 
blood," was arrested, and, after three months, brought up for 

trial. Dr. Palfrey says, — 

28 



434 CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 

" There was an unprecedented division among the magistrates, and 
they are said to have beep no less than two weeks in debate." — " Chris- 
tison was condemned to die ; but the dreadful sentence could not again be 
executed. In the mean time, the General Court had met ; and the evi- 
dences of opposition to any further pursuance of this rigorous policy were 
unmistakable. The contest of will was at an end. The trial that was 
to decide which party would hold out longest, had been made ; and the 
Quakers had conquered." ' 

It may be proper for me to add, that Christison, concluding 
that, if he might have his liberty, he had freedom to depart, was 
discharged from prison in June, 1661 ; that King Charles's letter, 
directing "that, if there were any of those people called Quakers 
amongst them, now already condemned to sufTer death or other 
corporal punishment, or that were imprisoned and obnoxious to 
the like condemnation, they were to forbear to proceed any 
further therein," and should send such persons to England for 
trial, was dated Sept. 9th, of that year, and received in Novem- 
ber. Dr. Palfrey says further : — 

"The command, however, produced little effect. The resolution to 
abstain from further capital punishments had been taken some months 
before ; though the magistrates perhaps were not indisposed to appeal to 
the King's injunction, rather than avow a change of judgment on their 
own part." ^ 

And it is of some importance to know farther, that, after a 
representation from the government of the colony to the King 
on this subject, his Majesty, in a letter dated June 28th, 1662, 
after saying, that " the end and foundation of the charter was 
and is the freedom and liberty of conscience," and charging and 
requiring that freedom and liberty be duly admitted and allowed, 
so that the " Book of Common Prayer " might be used, and all 
persons of good and honest lives and conversations be admitted 
to the sacraments and their children to baptism, adds, — 

" We cannot be understood hereby to direct or wish that any indul- 
o-ence should be granted to those persons commonly called Quakers, 
whose being A inconsistent with any kind of government. "We have 
found it necessary, by the advice of our Parliament here, to make sharp 
laws against them, and are well contented that you do the like there." 

1 Palfrey, vol. ii. p. 481. 2 Palfrey, vol. ii. pp. 519, 520. 



CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 435 

This is the King's final judgment on the matter.' 
A few days since, a leading newsjjaper in a neigliboring State 
appended to a courteous notice of this course of Lectures, a very 
uncourteous paragraph respecting the founders of Massachusetts, 
saying, that — 

" They were simply a band of narrow-minded sectaries, animated by no 
broad nor generous motives ; but aiming to establish a morose and ex- 
clusive community, from which every one of broader sympathy and more 
tolerant spirit should be rigorously shut out." 

And then, naming three of the principal men among them, it 
was said, — 

" that, so far from being the promoters of a great movement, they prove, 
ou examiuation, of very moderate calibre. They were designed for 

village deacons, rather than for founders of states." 

One cannot, and has no disposition to, repress a smile at lan- 
guage like this. 

It is neither my duty nor my privilege, at this time, to enter 
into a discussion respecting the statesmanship of the founders 
of Massachusetts. But it lies within my province to say here 
and now, that, but for the religious legislation of the founders 
of Massachusetts, many persons would have come here, who, 
like some of those who went to Rhode Island, were not fit for 
village deacons, nor for any other honest and honorable posi- 
tion. 

A clerical friend of mine, in a sermon last Thanksgiving Day, 
referring to the Puritan Commonwealth and the disturbances 
by Roger Williams and others, happily remarked, that " every 
Utopia ought to be supplemented with a Narragansett." 

Their experiment of founding and maintaining a civil state 
upon a basis which should support the worship of God according 
to the dictates of their conscientious convictions of duty, and an 
ecclesiastical state combined which should be in harmony with 
it, and of excluding whatever was antagonistic to its welfare, 
failed in its exclusiveness ; but the change was only in the 
admission of the element of a more extended liberty of con- 
science; and of what is dignified by that name without its 

I Mass. Records, vol. iv. part ii. p. 165; Hutch. Coll. Papers, p. 379. 



436 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

vitality ; with greater liberty also of action. Their failure was 
partial only ; their success, great and enduring. 

With an intelligent appreciation of its true principles, they 
laid here the foundation of civil liberty upheld by law and 
restrained by law, and of a system of impartial justice. 

In the " Body of the Liberties," enacted in 1641, is a prefa- 
tory declaration, that — 

" We do, therefore, this day, religiously and unanimously, decree and 
confirm these following Rights, liberties, and privileges, concerning our 
Churches, and Civil Stale, to be respectively, impartially, and inviolably 
enjoyed and observed throughout our jurisdiction for ever." 

The first and second declarations following this, are, of them- 
selves, a Massachusetts Magna Charta. 

" 1. No man's life shall be taken away, no man's honor or good name 
shall be stained, no man's person shall be arrested, restrained, banished, 
dismembered, nor any ways punished, no man shall be deprived of his 
wife or children, no man's goods or estate shall be taken away from him, 
nor any way iudamaged under color of law or Countenance of Authority, 
unless it be by virtue or equity of some express law of the Country war- 
ranting the same, established by a General Court and sufficiently published, 
or in case of the defect of a law in any particular case, by the word of 
God. And in Capital cases, or in cases concerning dismembering or 
banishment according to that word to be judged by the General Court." 

''2. Every person within this jurisdiction, whether Inhabitant or 
foreigner, shall enjoy the same justice and law that is general for the 
plantation, which we constitute and execute one towards another, without 
partiality or delay." ^ 

The main principle of these declarations is recognized in the 
constitutions of the States, and of the United States. If it shall 
be abandoned, and the theory substituted that the general govern- 
ment is to be administered according to the will of the people, 
as ascertained, from time to time, by the action of Congress, civil 
liberty in the United States will receive a shock, from which it 
will never recover under that government. 

With a profound conviction of the truth and of the vital im- 
portance of their religious principles, they achieved and secured 
to themselves liberty to worship God according to the dictates 

1 Mass. Hist. Society's Coll. 3d Series, vol. vlii. p. 216. 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 437 

of their consciences. They disclaimed again and again power 
over the faith and consciences of others. If they were perti- 
nacious in their, determination that those who could not join at 
least in attendance upon their religions worship, and especially 
that those who placed themselves in hostility to their principles 
and practice, should find their liberty elsewhere, — their efforts 
to secure liberty for themselves have resulted in a larger liberty to 
all others. 

With the rod of a persevering industry, they smote the rock 
of Massachusetts, literally lying in the wilderness; and if the 
elements of prosperity existing within did not gush fortli in im- 
mediate profusion, they have since flowed in copious streams to 
sustain and enrich their descendants. 

Let not the conclusion that the Puritans founded their State 
in order that they might worsliip God according to the dictates 
of their own consciences, without admitting others to disturb 
their worship by contention about doctrines and ordinances, de- 
tract from the high estimation in which they have been held, 
heretofore. 

Let us not even presume to believe that they would have 
effected a better work, had they attempted to provide entire 
liberty for what every man, woman, and child deemed the dictates 
of their several consciences. 

We are not authorized to say that it would have been better 
if they had founded a colony on the shores of Massachusetts, 
with what we call liberty of conscience, — liberty for every one 
not only to think as he pleases, which the Puritans allowed, 
but liberty for every one to preach, and harangue, and vituperate, 
and denounce every other one who differs and dissents from his 
or her particular notion, — liberty to women to hold conventions, 
and make pretty invectives against government, and liberty to 
others to denounce the Constitution which is, or should be, the 
organic law. All this is supposed to be safe for us. Would it 
have been safe for them ? On what premises shall we maintain 
such a position ? Nay, upon what data shall we persuade our- 
selves that, forming their infant settlement upon such a foun- 
dation, their Patmos would not have been turned into a Pan- 
demonium, — that their experiment would not have proved a 
disastrous failure in its very inception ? 



438 CHARTER AND RELIGIOUS LEGISLATION OP MASSACHUSETTS. 

Above all, let us not stultify ourselves by the superlative 
folly of regarding the Puritans as "a band of narrow-minded 
sectaries, animated by no broad nor generous motives," who 
aimed " to establish a morose and exclusive community, from 
which every one of broader sympathy and more tolerant spirit 
should be rigorously shut out." Exclusion of the promoters of 
contention is not the exclusion of persons of the broadest sym- 
pathy and the widest toleration. 

Let us have a correct understanding of what the Puritans were 
in their day, which will lead us to very different conclusions. 

They were, non-conformists. It was their non-conformity, 
religious and civil, which brought them hither, to establish the 
principles of their non-conformity, in a colony to be based on the 
very foundations of their non-conformity. 

Thirty years after the death of John Wycliffe, the Council of 
Constance condemned his opinions and writings; and decreed 
that his memory should be pronounced infamous, and that his 
bones, if to be distinguished from those of the faithful, should be 
removed from the consecrated ground, and cast upon a dunghill. 
Thirteen years subsequently, in pursuance of this sentence, his 
remains were taken from their place and burned ; and the ashes 
were cast into the Swift, a brook which empties itself into the 
Avon. 

" The Avon to the Severn runs, 
The Severn to the sea. 
And Wydiffe's dust sliall spread abroad, 
Wide as the waters be." 

Many of you recollect those beautiful lines. You know who 
repeated them, with a reference to the blood of Kossuth, if it 
should be shed by the Emperor of Russia. 

Who was John Wycliffe ? A non-conformist, — " The morning 
star of the Reformation," — the original and type of the non- 
conformists who, denying the supremacy of King and bishops, 
as he denied that of the Pope, kindled the spark of civil and 
religious liberty in England ; who cherished and fostered it in 
the wilderness, until, increasing and extending its beneficent 
warmth, it shot forth such a light, that the fires of persecution 
paled before its radiance. 

Sneers about village deacons cannot tarnish the reputation of 



CHARTER AND RELIGIOUS LEGISLATION OF MASSACHUSETTS. 439 

such men. Detractors may think to cast their dust upon the 
waters ; but, like that of Wyclitle, it " shall spread abroad, wide 
as the waters be." 

If the liberty which they claimed and secured, was, in their 
day, confined in a great measure to themselves and their institu- 
tions; after generations have had the benefit of an expansion 
of its principles into a more extended freedom. 

We may reject their creed. We may regret their austerity. 
But they will live in history, as they have lived, the very embodi- 
ment of a noble devotion to the principles which induced them 
to establish a colony, to be " so religiously, peaceably, and civilly 
governed," as thereby to incite the very heathen to embrace the 
principles of Christianity. 



( 



PURITAN POLITICS 



ENGLAND AND NEW ENGLAND. 



By EDWARD E. HALE. 



PURITAN POLITICS 



ENGLAND AND NEW ENGLAND. 



T AM to treat in an hour, as I can, a subject which could be 
-^ scarcely entered upon, had the whole of this course of 
lectures been devoted to it. It is a subject, as I believe, for 
which we are now but beginning to collect the materials. For 
the religious and political prejudices of England did a great 
deal, in two centuries, to shroud in England the motives and 
even the acts of the men to whom is due the English liberty of 
to-day. And, on our side of the water, the complete change of 
scene and circumstance has swept away most of the traditions, 
and all the prejudices of the politics of the Fathers. It is not 
seventy years, I think, since Oliver Cromwell's portrait still 
hung as a tavern sign in Boston ; and, quite up to our own times, 
such names as Newbury Street and Worcester Street ought to 
remind the children what kings fled before their fathers, in the 
fights of Newbury and Worcester. But, in fact, I am afraid 
such memorials have availed but little. For most of us who 
are men and women, while we were taught in our childhood to 
weep over the sorrows of the exiles in the " Mayflower," drank 
in at the same time, from fountains fed by David Mume and 
Walter Scott, the notion that King Charles was a martyr, and 
that his judges were crazy men. I should say it was only within 
the last twenty years, that there had been fair chance for an 
honest verdict as to Puritan politics, whether in this country 
or in England. In that time, the service for King Charles the 
martyr has been omitted by authority from the English prayer- 



444 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

book. The opening of the English State papers has given us 
more light than we had before. Not that we have even yet the 
complete materials for history, but the graves are giving up 
their dead ; and from hour to hour the lies of Clarendon and 
the rest are exposed. 

I can only attempt the outline of the political movements of 
the founders of Massachusetts, and the Puritans of New Eng- 
land, — the great men who have been wisely called " the 
greatest geniuses for government that the world ever saw em- 
barked together in one common cause." 

I shall be guided all along by the studies and by the phil- 
osophy of our own great historian Dr. Palfrey, from whose 
crowded chapters, I find, I took unconsciously even the title 
which the lecture bears. I have been indebted to his thoughtful 
kindness or to his counsel, from the first moment of my life ; and 
it is no new experience to me, that in my enterprise of this 
evening I find him my constant guide. And I have, also, the 
constant advantage of the exquisite care, the range of ob- 
servation and the profound discrimination, of Mr. Haven, who, 
as the members of the Historical Society well know, is far better 
fitted than I to enter on this theme. 

I think the key to the whole story may be found in the ominous 
words which King James's first House of Commons addressed 
to the House of Lords immediately after he had been lecturing 
them on his own prerogative, and on his intolerance to the 
Puritans. " There may be a people without a King, but there 
can be no King without a people." This was comfortable 
doctrine for a monarch, who, in his escape from Scotland, had 
promised himself the privileges of unrestricted tyranny. For- 
tunately for civil liberty in England and America, in all countries 
and in all times, none of the Stuarts ever learned in time what 
this ominous sentence means, — not James I., the most foolish of 
them; nor Charles I., the most false; nor Charles H., the most 
worthless ; nor James H., the most obstinate. For eighty-six 
years, however, it was the business of the Puritans of Eng- 
land, counselled and led in large measure, as I shall show, 
by the Puritans of New England, to teach the Stuarts, and to 
teach the world, that lesson. And they taught it, — that the 
people is stronger than the King, and can tie the King's hands. 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 445 

The state-craft jugglery of the closet .shall not undo the knots; 
the trenchant sword of battle shall not cut the cords. If the 
King will learn the lesson in no other way, he shall learn it when 
he sees the headsman's axe flashing before his eyes. The people 
is stronger than the sovereign ; and from the people's power his 
power comes. That is the lesson. There may be a people 
without a King ; there can be no King without a people. 

I must not enter on the history of Elizabeth's reign, though 
the name of Puritan in English history belongs as far back as 
the year 1550. 

King James, at the age of thirty-five, came to the crown in 
1603. On his journey from Scotland to London, just half 
way from the frontier to the city, he passed through Sherwood 
Forest, and entertained the day, under good conduct, in hunting 
there, — the last huntsman mentioned, I think, in the series 
where Robin Hood is first. In that day's sport, he passed the 
manor house of Scrooby, where William Brewster lived, — 
afterwards our old Plymouth Elder. At that very time our 
Pilgrim Fathers met privately to worship in that house every 
Sunday. James took, very likely, a mug of ale from William 
Brewster's hands, he lunched in the open air, on the bank of a 
stream a little further on, and in such sylvan amusement came on 
to Worsop, where he slept.i The manor of Scrooby, Brewster's 
home, belonged to the Archbishop of York. It attracted the 
King's attention, so that he thought he would like it for a royal 
residence, whenever he might hunt again in Sherwood Poorest. 
It is a little curious now to see, that the first letter written by 
this Presbyterian King to the Archbishop of York, after his 
arrival at his capital, was, not a discussion of theology, but a 
proposal to the Archbishop to sell to him the manor hou.se in 

1 Nichols's Progresses of King James I. The whole passage is this : — 
" The 20"' day being Wednesday, his M.ajestie rode toward Worksop, tlie noble 
Earle of Shrewsbury's House, — at Bawtry, the High Slieriff of Yorkshire took his 
leave of the King, — and there Mr. Askoth (Ayscougli) tlie High Slieriff of Notting- 
hamshire received him, being gallantl.v appointed both witli horse and man, and so 
he conducted his majestic on, till he came within a mile of Blyth, where his High- 
ness lighted and sat down on a banke side to eat and drink." 

Here Nichols's note is, " Bawtry is a small market town, situated partly in the 
parish of Scrooby, in Yorkshire, and partly in that of Blyth, in Noltinphanishire. 
The division of the two counties is marked by a small current of water in tlie yard 
of the Crown inn." 



446 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

which the Pilgrim Fathers were then secretly meeting, on the 
Lord's day, for their weekly worship ; and in which they con- 
tinued to meet till this same Presbyterian King " harried them 
out of the kingdom." The incident, trifling in itself, illustrates 
very perfectly the relation between the three parties then in Eng- 
land. The extreme Puritans, represented by no man better 
than William Brewster, were meeting in private houses for 
their worship. They were expecting grace and help from a 
Presbyterian monarch. The Bishops and Archbishops were 
doubting and dreading what might come to them and theirs, 
from a King who had been nursed in the school of John Knox 
and Jane Geddies. And this King — who was to arbitrate 
between the parties, and to meet the hopes of one and the 
fears of the other, — was thinking more of himself and his own 
comfort than of the consciences of either. All this, I say, 
is typified, when James I. asks Archbishop Hutton, to turn 
William Brewster out of his home, that he may have a con- 
venient hunting-lodge. 1 

In fi.ve years more, Brewster and the Fathers, who met to 
worship in the Archbishop's manor house, were harried out of 
England. James and the Church, of which the Archbishop was 
the second officer, were in absolute accord, — hunting the same 
game! 

The first incident of his reign, around which the politics of 
the time took form, was the conference of the clergy at Hamp- 
ton Court for the revision of the Liturgy, in which the Puritan 
and the High Church party were both represented. The King 
showed at once, that he meant to throw himself into the arms of 
the party which would give him most power in the State, and 
could do most to place him in the position of the absolute mon- 
archs of the Continent of Europe. Any pretensions of his 
Scottish reign were swept away, like other pettinesses and 
inconveniences of his Northern home. He silenced the Puritan 
doctors by entering himself into the arena. 

" If you aim at a Scottish presbytery, it agrees as well with 
monarchy as God and the devil." These words show the spirit 
of the King's contributions to the discussion, of which Archbishop 

• Tlic King's letter to the Archbishop comes to light in the Calendar of Domestic 
Papers of his reign, edited by Jlrs. Green. 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 447 

Whitgift was pleased to say, that " undoubtedly his Majesty 
spake by the special assistance of God's Spirit." It was in this 
Conference that his favorite axiom, " No Bishop, no King," first 
appears on the royal lips. Perhaps it suggested the more omi- 
nous axiom, which I have quoted from his first Parliament, — 
" There can be no King without a People." 

That Parliament was not summoned till the King had been on 
the throne more than a year ; a pestilence in London delaying 
its assembly. The celebrated gunpowder plot — in which twenty 
resolute men, who kept a secret for a year and a half, expected 
to destroy the King, his family, the Lords, and the Commons, 
and in which they came so near success — was detected just as 
the session began. The reaction from that plot might have 
given to James that hold on the people which, I think, he never 
gained. But he did not enter into the rage against tlie Roman 
Catholics, to whose church the conspirators belonged; and the 
terrible experience prolonged only a little the " inevitable con- 
flict" between him and his subjects. 

If we trace the history of the Court, the chapters of this reign 
are the histories of favorites, Carr and Villiers; of the death 
of Prince Henry; of the matches proposed for Prince Charles; 
and of the fortunes of the Princess Elizabeth, at one moment 
the object of Protestant idolatry. The episodes in that court 
history are such as closed poor Raleigh's life. If we trace the 
history of the people, we find the steady growth of resist- 
ance to other authority than the authority of the law. We 
find the luxury of wider and wider study of the Scripture, 
passing sometimes into the fanaticism and folly of a novelty. 
We trace the growth to manhood of Eliot and Hampden, Win- 
throp and Vane and Cromwell. Shakspeare died in 1615, 
midway in the King's reign. The Colony of Virginia was 
planted under the old system of colonization, 1607; and, in the 
same year, the Pilgrim Fathers were driven out of England, little 
knowing that they were to be the great exemplars of the success 
of the new system of colonization.^ The received version of 

1 It took near a liundred years for our Fatliers to learn again liow to establish 
permanent colonies. The effort, for tlie sixteenth century, was made, almost always, 
by sending men alone; and in almost every instance it failed. When Knjrland hor- 
rowed from Greek experience, and from Spanish experience, and sent women with the 



448 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

the English Scriptures was made by a commission appointed by 
the King, and came into common use in England. The two 
things in history which preserve the reign of James from con- 
tempt are the translation of the Bible and tlie settlement of 
America. And I can give no better illustration of the way in 
which history has been written in the past, than by saying that 
in the two great English histories of this reign, by Hume and by 
Lingard, the translation of the Bible is not so much as men- 
tioned, and that Lingard does not give a word to the planting 
of America. Hume only squeezes out for it a wretched page in 
the midst of chapters devoted to the disgusting intrigues of 
Rochester and the Countess of Essex and Buckingham and the 
rest, none of whom are of any worth but for this, that they were 
busily destroying the last relics of the regard which men had for 
the institutions of feudal times. 

The intrigues of the Court and the deep determination of the 
people of England can be put face to face, however, by dragging 
out from history the contemporary revelations. William Brew- 
ster, telling of old times around his pine-knot fire in Plymouth, 
filled his stage with such actors as Mary Queen of Scots, 
Queen Elizabeth, King James, Raleigh, Essex, Southampton, all 
of whom he must have seen, as I suppose he must have seen 
William Shakspeare. On that Christmas season of 1620, at 
the moment when John Carver and Edward AA^inslow were 
cutting the timber for the first store-house of Plymouth, build- 
ing better than they knew indeed. King James was entertaining 
at his palace the embassy which first proposed the ill-fated 
marriage between Charles I. and Henrietta of France. Of 
the masque prepared for that royal entertainment, all tiiat is 
known is that the humor consisted in the ridicule of a Puritan.^ 
From the building of the store-house grew the old Colony, the 
Colony of Massachusetts, the New-England confederation, the 
union of the United States and the republican government and 
the civil liberty of America. From the policy which united 

men, homes were fomuled for the first time, and the nature of colonization changed. 
Jamestown and Sagadalioc were the last experiments on the old theory ; Plymouth, 
the first on the new. The settlement at Manhattan was not so much a colony as a 
trading-port. 

1 Tlie authorities may he found at length in Mrs. Green's Calendars I have 
quoted them in detail in an article in the " Galaxy " magazine for January, 1808 



PUEITAN POLITICS IN ENGLAND AND NEW ENGLAND. 449 

Charles and Henrietta grew the English rebellion and the 
English revolution, from that marriage came Charles II., 
James II., and Queen Mary. The two lines of history which 
are thus suggested lead out from the contrast between the history 
of the Court and the history of the people in the reign of King 
James. 

But in King Charles's time, people and King come closer, and 
the history of the politics of the people is the history of the 
politics of the King. Charles quarrelled with his first Parlia- 
ment ; and if he could have had his way, he would never have 
had another. Our associate, Mr. Sabine, reminds us that the 
very first question on which King and- Commons broke was an 
American question, — a question of the fisheries.^ For eleven 
years Charles reigned as absolutely as Philip II. ever reigned in 
Spain. He and his would have been glad to reign so until now, 
and might have done so but that there was an English church 
and an English people. Nay : do not let me, even in the accident 
of expression, imply that between the church and the people 
there was any distinction, if you speak of the real church and 
the real people. Of that great crisis of English history, the 
secret is this, that the real people of England were religious men 
and women to the very bottom of their hearts ; tliat what they 
did in matters politic they did as matter of religious duty; not as 
what poor James called a piece of state-craft, but as a part of 
their religious allegiance to the King of kings. I believe this 
profound conviction of religious duty has been the secret of aU 
the successful politics of the men of that race from that day to 
this day. But it was a divine mystery which it was not given 
to politicians like Wentworth, or formalists like Laud, or liars 
like King Charles, to understand. None the less was there a fire 
beneath the whole, of which the tokens were sometimes fearful 
and sometimes awful. Its presence there gives to the study of 
the politics to which it lent the heat, an interest, which to the 
intrigues of courtiers like those of Louis, or even to the rivalries 
of statesmen like those of Elizabeth, is all unknown. 

It is, of course, impossible to measure by any statistics the 
extent or the depth of this religious feeling or of any religious 

1 Sabine's Report on the Principal Fisheries, 'Washington, 1853, p. 45. 

29 



450 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

feeling. It is to be observed, however, that a long series of 
non-conformity on the one hand, and of what the English 
Church calls pluralism on the other, left but two thousand 
clergymen in the service of the ten thousand livings of England, 
in Queen Elizabeth's time. Of these two thousand clergy- 
men, nearly one thousand marked themselves as Puritan by 
joining in the petition ^ which, at James's accession, begged 
him to amend the rubrics in favor of puritan consciences. These 
figures show, that, while there were ten thousand congregations 
or churches in England, but little more than one thousand of her 
clergy gave even a silent acquiescence to such extravagant pre- 
tensions as those of Whitgift and Bancroft, who, in such matters, 
were the predecessors of Laud. In Charles's time, the fact is 
incidentally stated, that, in the mere dead-weight of property, the 
Puritan House of Commons was three times as rich as was the 
House of Lords. And of the House of Lords, a very consider- 
able part held with the people as against the King. Be it always 
remembered, too, that on the side of the King also, as soon as 
you leave the rank of mere soldiers and mere courtiers, you are 
surrounded by men and women of the purest conscience. You 
meet such men as George Herbert and Owen Feltham. When 
they came to the arbitrament of arms, the misfortune to the 
King was that five-sixths of England were against him. And, 
as I said, that which gives the terrible reality to the history, is 
the truth which I think no man will question, that, on both sides, 
a large proportion of the combatants were actuated by profound 
religious conviction. And what saved England and America in 
that crisis, was that the monarchs who wished to play the tyrant 
there, found the English Church and the English people on the 
other side. 

The first years of Charles's reign gave no hope to the people 
of England. I speak of the people in contrast from the men 
and women of the Court, who were trying to hold to the methods 
of feudal rule. The marriage of the King with a Roman Catho- 
lic princess had offended and affronted the Protestantism of 
England. When he made war witli France under the pretext 

1 Thence called " the millenary petition." The spelling is important. It will be 
remembered that it asked for an exemption from the surplice and other customs con- 
sidered " Popish." 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 451 

of coming to the defence of the hard-pressed Huguenots, he 
conducted the war under such lead as Buckhigham's ; collected 
his revenue under such systems as Louis and Philip would have 
used; and, by the method, disgusted the English people, who 
might have been interested in the cause of the war. Two years 
after his reign began, Charles wanted the help of the Archbishop 
of Canterbury. The Archbishop was in disgrace already, be- 
cause he had refused the aid of the Church in the discustine 
intrigue — with which I will insult no man's ears — in which 
Somerset and the Lady Essex were the actors. Now, in his re- 
tirement, he refused to license the printing of a sermon, in which 
a court chaplain, Sibthorpe, had laid down the doctrine that a 
king might do what he pleased ; and no man might say, " What 
dost thou?" For this refusal, King Charles suspended him, — 
the highest officer of the Church beneath himself. The act, at 
this day, would disgust the most ardent lover of the Episcopacy, 
as much as it then disgusted the most eager Puritan. Bucking- 
ham's disgrace on the coast of France soon followed. The 
King's third Parliament was summoned, and Charles strove to 
govern it by buying Wentworth, — afterwards known as Lord 
Strafford, — " the first Englishman," says Macaulay boldly, "dis- 
graced by a peerage." Laud was placed at the head of the High 
Commission Court. Parliament defied the King, and the King 
defied them. He dissolved them ; and, as I said, began to reign 
for years as an absolute monarch. The Star Chamber was in its 
glory, and such men as Eliot and Holies were in the Tower. 

Such were the first five years of this young King's reign, — 
one steady insult to the best feeling of his people. In those five 
years. Rev. John White, minister of Dorchester, the founder of 
Massachusetts, was, in his way, encouraging this man, who had 
heard of New England, and teaching that to whom the name 
had never come before. " There was a land of refuge," White 
was saying to all men. And a larger and larger company of the 
merchants of London, of the merchants of the other cities, and 
gradually of the country gentlemen of England, were learning 
that, if their battle were lost at home, it might be won in a land 
where there was no bishop and no King. T make no question 
that White, and those who acted with him, appealed to every 
motive that was honest, that would swell the number of those 



452 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

who would engage in the colonization movement. I have 
myself, in my poor way, in later times, acted with those who 
were promoting emigration to the west of the Missouri River, 
when we thought that on that emigration great principles for all 
time depended. And I think therefore, that, unless men are 
very different now from what they were then, men entered into 
the great emigration from which we have grown with a large 
variety of motive. Only I am sure, no man came here because 
he loved King Charles, or because he believed in Laud's Court 
of High Commission. And I am sure, that John "White and 
Matthew Cradock and Isaac Johnson and Richard Saltonstall 
and our great leader, Winthrop, meant that the enterprise should 
be controlled by men who would never give in to the tyrannies 
of Charles or to the pretensions of Laud. How well those 
intentions were carried out, I have next to show. 

England " grows weary of her inhabitants ; so as man, who 
is the most precious of all creatures, is here more vile and base 
than the earth we tread upon." These are the words which 
Winthrop uses, in the " Nine Reasons" which .justify the new 
plantation. These reasons are passed from hand to hand 
among the men most saddened by the oppressions of the Star 
Chamber, and most determined to find freedom somewhere. As 
soon as Mr. Forster published his larger life of Sir John Eliot, 
our President, Mr. Winthrop, in correspondence with him, dis- 
covered that the paper on Emigration there spoken of, sent by 
Eliot in the Tower to Hampden in his house, was a copy of 
Winthrop's " Nine Reasons." Eliot had transcribed Winthrop's 
paper, and sent it to Hampden for his study. These men, the 
great leaders of the English Puritans, were thus personally 
interested in the enterprise here. We knew already that it had 
the support of Lord Brooke and Lord Warwick and Lord Say 
and Sele. It is now certain that John Hampden is not the 
Hampden who spent an early winter with our Plymouth 
friends ; but it is equally certain that he and Eliot were inter- 
esting themselves in our Massachusetts Colony when it sailed, 
and were among those who saw how essential was this begin- 
ning to the success of their great cause. Under such auspices, 
the government and charter were transferred from England to 
New England, — the boldest change of base in history. In its 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 453 

success, as I believe, the history of constitutional liberty begins. 
That change was made by men who meant that their new-born 
State should not be dependent, if they could help it, on the 
powers which were ruling England to her ruin.i 

On their arrival here, they settled the great question of bishop 
or no bishop, which was one of the elements of strife at home. 
They settled it by an arrangement of their churches, in the face 
of all that had been asserted by Whitgift and Bancroft and 
Laud. So far as the forms of government went, they swore 
their magistrates, their freemen and their people to be faithful 
to the government of the Commonwealth of Massachusetts Bay; 
but they alluded no more in that oath to their allegiance to King 
Charles than to allegiance to King Louis or to the Pope of 
Rome. The Governor and assistants only, for the first twelve 
years, were sworn to be faithful to King Charles ; but, so soon 
as he took up arms against the Parliament, his name disappears 
from the oath, long before it was disused by any one in England. 
Four years only after the foundation of Boston, a rumor came 
from England, that a governor-general was to be appointed by 
the King. The magistrates took counsel with the ministers ; 
and the ministers advised, that, if a governor-general were sent, 
" we ought not accept him ; but defend our lawful possessions, 
if we were able; otherwise, to avoid and protract." Two years 
later, some English ship captains in our harbor intimated, that 
they should be glad to see the royal colors displayed on the fort 
in the harbor. They were answered, that we had not the King's 
colors to show. The shipmasters offered to lend them, but it 
cost a day's discussion and evident heart-burnings before they 
could be displayed there ; and this was done only on a nicely 
drawn distinction on the King's authority in tlie fort and the 
King's authority in the Colony. Early in the history, Endicott 
cut the cross out of the colors ; and from that moment till the 

■ I may be thought to speak of this " change of base " with tlie prejudice of a 
New-Knglamler. I am glad to quote Mr. John Forster's language, therefore. In 
his letter to Mr. Robert C. Winthrop, forwarding a copy of tlie Eliot manuscript, he 
says, " There is a new and striking interest contributed to a transaction which, more 
largely than any other in history, has atJected the destinies of the human race." 

The Eliot draft and a draft from the State-paper office were printed ii\ our "Pro- 
ceedings," at the date of ,Tuly, 1865. Another copy is in Hutchinson, and another in 
" The Life and Letters of Winthrop." 



454 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

Restoration, I think, the Commonwealth of Massachusetts had a 
flag of its own. On a new rumor, that the King or the Star 
Chamber proposed to extend their authority thus far, the 
chronicler, who had left his home to establish here his taber- 
nacle, undoubtedly expresses the determination of all the leaders 
when he says, they would rather remove again, and establish 
themselves in a " vacuum domicilium," — a home which no 
sovereign claimed, — this side the King of kings. To the valley 
of the Mohawk, perhaps, or, if God guided, further west, — to 
some Salt-Lake Valley, if it were needed! They meant that 
men should know whether Charles's authority could go farther 
in America than the shores which the guns of his ships could 
command. 

But there was no danger for Massachusetts. The bow had 
been bent too far, and it broke. The little history which had 
thus been rehearsed by a handful of zealous men, on the little 
stage of Massachusetts, was to be acted out by a larger com- 
pany, to whom they sent many teachers, in the England which 
they feared. William Vassall, one of the Massachusetts Com- 
pany, Lord Say and Sele and John Hampden, both patentees 
of Connecticut, determined to bring the question of ship-money 
to trial. Once more, as Mr. Sabine reminds us, the turning 
question is a question of the fisheries. The ship-money built 
the fleet which drove off" Dutch intrusion of the English fishing 
privileges. Sir John Eliot, meanwhile, Hampden's friend and 
ours, had died in the Tower. Laud had tried his hand on the 
reformation of Scotland. Charles had followed up the experi- 
ment with an army ; and Alexander Leslie, with his other army 
of ministers, — an army which was within itself a church, 
of which every corps possessed a presbytery, — drove Charles 
and his army back to England. So passed the ten years 
while Winthrop and Dudley and the rest were organizing 
New England into an independent State. The King had no 
choice left. By his own folly, he had wriggled himself to the 
corner of his board. He called, at last, a Parliament, and dis- 
solved it. Then he was forced to call the Long Parliament; 
and then, though he did not know it, the game was done. 
" Skah-mat" says the Persian, as he finishes on the chess-board 
the game of simulated war, and the words have passed into all 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 455 

languages. Sometimes you take the bit of crowned ivory from 
the board, sometimes you leave it there. That is nothing. The 
game is ended. Shah-mat, — check-mate. The King is dead! 
In Charles's case, the King, with his knights and bishops, 
hopped from square to square on their little board, for eight 
short years, hoping to avoid the inevitable. But the people 
of England had the power in their hands. The Great Remon- 
strance, at the end of 1641, showed that the Long Parliament 
understood its duty, and could do it. " If the vote had been 
lost," said Cromwell, as they left the House that night, " I would 
have sold all I had to-morrow, and would never have seen Eng- 
land more." He meant he would have come to New England. 

" O'er the deep 
riy, and one current to tlie ocean add ; 
One spirit to tlie souls our fathers liad ; 
One freeman more, America, to thee." 

Tliis was not the time when Charles stopped the ships on the 
Thames, when, it is said, Hampden was on board ready to 
emigrate. It is fairly doubted, whether Cromwell had joined 
that earlier emigration. This was foiir years later, — at the end 
of 1641. Had Cromwell come, he would have arrived here just 
before the first Commencement of Harvard College ; he would 
have arrived, just as the General Court was striking the name 
of King Charles out of the oath ; he would have arrived, just 
as the short-lived standing council was disarmed ; he would 
have arrived, just as the position of the Lower House first came 
into discussion ; he would have arrived, just as the four 
colonies were arranging their confederation. At the election 
day of that year, John Winthrop was chosen governor for the 
first year of his third term. Would he perhaps have yielded his 
seat the next year to Oliver Cromwell ? Would Oliver Crom- 
well have been the sixth governor of Massachusetts ? or would 
he have led a company to Strawberry Bank, to the Coimecticut 
or to the Mohawk, and become himself the Protector of an infant 
Commonwealth ? 

It was not so written. The King tried war, — under the 
impression that has more than once deceived the cavaliers of a 
waning chivalry, that people who believe in precedents and 
principles, who trust in prayer because they trust in God, will 



456 PURITlN POLITICS IN ENGLAND AND NEW ENGLAND. 

not prove quick at fighting. At the stronghold of Nottingham, 
in the Sherwood Forest, where James had hunted, Charles 
displayed his banner. Two years of skirmishing advanced the 
final settlement but little ; and the death of Hampden and Pym 
took from the Parliament the men who seemed their ablest 
guides. These two leaders were almost American except in 
name, both early friends of Massachusetts, both grantees of the 
charter of Connecticut. If Lord Nugent is to be believed, 
Hampden was actually on shipboard once on his way hither. 
Meanwhile our Earl of Warwick, who had really secured for us 
the Massachusetts charter, showed that his training for maritime 
adventures stood him well in stead, in his command of the Par- 
liament fleet, which cut off from the King any foreign re- 
sources. 

At this point, the Independents of England began more dis- 
tinctly to study the methods of Massachusetts. Unterrified by the 
shock of arms, Parliament attempted the difficult question of 
church administration. The celebrated Westminster Assembly 
was convened, — hated, with good reason, by most children 
of recent generations, — but, for the first years of its existence, 
second only to the Long Parliament itself in its influence in 
England. To this assembly. Cotton, Hooker, and Davenport, 
the ministers of the first churches of Boston, Hartford, and New 
Haven, were earnestly invited by leading men in England, who 
dreaded the Presbyterian influence of that body. They were 
strongly tempted, I suppose, but they did not go. Hooker, for 
one, felt sure that he could arrange the church system of 
America. He believed in the independence of America too 
thoroughly to compromise our system by any failure in Eng- 
land. And, as it proved, the plans of Cotton have worked well 
here to this hour. 

On the question of Presbyterian Church Government, or In- 
dependency, or Congregationalism, as Cotton preferred to call 
our form of it, a great deal seemed to depend. Among other 
things, the alliance with Presbyterian Scotland seemed to depend 
upon it. At the outset of the civil war, there seemed no 
doubt that the Presbyterian influence prevailed both in the 
Parliament and the Westminster Assembly. We are to remem- 
ber all along, as Lord Nugent says, that nothing has more tended 



PUKITAN POLITICS IN ENGLAND AND NEW ENGLAND. 457 

to cloud this history, than the use of the one word Puritan to 
represent Presbyterians and Independents. When we speak of 
the Puritans, as proclaiming religious liberty, in the trumpet 
tones of Milton, — we mean not the Presbyterians, but the In- 
dependents. Looking back upon history, we can see that the 
Presbyterians were tempted to hold that mid-way position, or 
position of compromise, which seldom triumphs in revolutions 
which involve a principle, — the position which the Girondists 
held in France in the first revolution, and which the Parlia- 
mentary opposition in the French Chambers held in the last. 
The little company of Independents steadily gained force in 
Parliament and in the Assembly, which their numbers at the 
outset did not seem to promise. What is of vast importance at 
such a crisis, it proved that, with such leaders as Cromwell, they 
were gaining the sway of the army, while the simplicity and 
democracy of their system gained, for the moment at least, the 
confidence of the great body of the people. In all their argu- 
ment, they had always the great advantage of showing our work- 
ing example of their theory. A working example is what the 
Englishman or American, of Saxon lineage, always respects as 
he respects no untried theory. The New-England churches were 
Independent Churches ; and Cromwell and Vane and Fiennes 
and St. John used the tracts of Cotton and Hooker and 
Norton and the other New-England ministers, as being for a 
thousand reasons the best weapons in their arsenal. 

In the arrangement of the churches of England, the theory 
of the New-England Independents triumphed over the theory 
of the Presbyterians. I do not claim that it triumphed be- 
cause of their advocacy. I think it more safe to say, that it 
triumphed, because it was an extreme opinion, and those were 
extreme times. It triumphed without any formal vote. On 
the other hand, the formal votes of the Westminster Assembly 
arranged the Presbyterian order, and the Presbyterian machinery 
was established in London and in Lancashire. But no enact- 
ment of Parliament carried it out through England ; and the 
more simple statement, which made each congregation an inde- 
pendent church, was the statement which for the period of the 
English Commonwealth prevailed in practice. 

But the times had swept men beyond any mere question of 

2 



458 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

ecclesiastical arrangement. It was now a question between half- 
way men and men who, in President Lincoln's phrase, would 
" put it through." Cromwell and his friends among the Indepen- 
dents had found out what I suppose the leaders of the people 
find out in the beginning of all civil wars. They found out that, 
in their own army, the Essexes and the Manchesters were 
afraid of beating the King too well. The question of Indepen- 
dent versus Presbyterian, which was at first a question of church 
discipline, became a question of strategy in the field, of diplo- 
macy in negotiation, of stern practice in Parliament, and at last 
in the Palace Yard. It became at last the question between the 
army and the Parliament. And, in that question, the Inde- 
pendents, — who ruled the army, — as we know, prevailed. The 
army purged the Parliament. The purged Parliament created 
the High Court of Justice, for the trying and judging of Charles 
Stuart. The High Court of Justice found him guilty of treason 
and beheaded him. There may be a people without a King, — 
there cannot be a King without a people. 

I should like to discuss the question, whether their success were 
the success of might, or of right, or of both together. I believe 
the right conquered, when the might conquered. The Fathers 
of New England thought so : I think with them. I must not 
discuss that question now. I must leave it where Cromwell 
left it in his letter to Hammond. Two lawful powers in Eng- 
land disagree as to the disposition to be made of the King. 
One is the army, lawfully called, and consisting of thousands 
of Christian men, who have risked, and still risk, their lives, as 
witness for their sincerity. The other is the Parliament, 
chosen eight years since by the clumsy borough system of 
England; of which a majority believes that the King's word 
may still be taken. These two are at issue. Cromwell says 
that the army is the truer representation of the people of 
England. I think he is right. As to the question decided, 
whether Charles could be believed for an instant, when his 
interest required him to be false, all men know now that the 
decision of the army was the true one. 

If I know myself, I can speak without prejudice here. Per- 
sonally, I am proud to run back the lines of my own ancestry to 
Adrian Scrope who voted for the King's death, and afterwards, 



PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 459 

trusting in Charles II.'s amnesty, lost his own head for trusting it. 
By another line, I am proud to trace my ancestry to Mary Dyer, 
the Quaker, who, at nearly the same time, was hanged by the 
Massachusetts Puritans here on Boston Common, because she, 
too, thought she ought to obey God rather than man. I am 
proud of both these ancestors. I am as proud of one of them 
as I am of the other. They teach me very distinctly the lesson 
of the narrowness of Puritan presumption. But while I learn 
that lesson, I learn also the lesson of the Puritan's unfaltering 
loyalty to the King of kings. I think no man studies history 
fairly, who does not learn one of those lessons, while he learns 
the other ; and, speaking for myself, if I had been called upon 
to make the great decision between the people of England and 
him who had had a fair chance to prove himself their king, — I 
hope I should not have been daunted by the terrors which then 
surrounded the mere name of Royalty. I hope I should have 
meted to him justice for his every act of falsehood and of treason. 
I hope I should have treated him as fairly as I would have treated 
the meanest soldier in his army. So tried, I have no doubt that 
Charles I. deserved death, if it were ever deserved by man from 
the hand of man. 

That work was the work of the English Independents. The 
same men who established the Commonwealth of Massachusetts, 
in this act established the Commonwealth of England. Not 
that the Independents voted, without distinction, for the execu- 
tion of the King ; but they did mean, without distinction, to 
give to the people the rule of the Commonwealth. I have no 
desire to overstate the share which New-Englanders, who had 
recrossed to England, had in the great issue. I say simply that 
New England did, on a small scale, what England then did on a 
large scale ; and that the same men directed there, as had sym- 
pathized here. Here, were but ten thousand men, all told : there, 
were at least a million. The population of England was at 
least five millions, of whom one-fifth, I suppose, were men. To 
the assistance of England, the ten thousand here lent such 
men as Stephen Winthrop, Edward Winslow, John Leverett, 
and Robert Sedgwick, who took the highest military rank ; such 
men as Desborough, Peters, Downing, and Hopkins, who took 
high civil rank. And you remember it is said that of the first 



460 PURITAN POLITICS IN ENGLAND AND NEW ENGLAND. 

graduates of Harvard College, the abler part always returned to 
England to give there the service of their lives.^ 

The words "Independence" and "Independent" are now 
favorite words in America. I have observed in later days that 
they have found especial favor in connection with the word 
" Sovereignty" in those States of this Union which fancy they 
are descended from the cavaliers of England. " Independent and 
Sovereign States," they say. Favorite words in America, since 
a Continental Congress of the United States, led by the children 
of Roundheads, proclaimed the United States to be " free and 
independent." It is well, therefore, to remember how those 
words came into the English language. They are not in the 
English Bible. They are not in Shakspeare's plays. You read 
there of Dependence. Yes. But not yet of Independency. 
The word " Independency " was born when the hated Brownists 
separated themselves from the Church of England. The word 
" Independent" was borrowed from their vocabulary to designate 
the men who triumphed with Cromwell; and from that diction- 
ary of the Church the word was borrowed again in 1776, when 
the United States of America became an independent nation. 

I must not attempt any further details of the triumphs of the 
Commonwealths of England and of New England. I have at- 
tempted to show that their politics were at heart the same. The 
leaders of the Commonwealth of England were the friends of 
New England. The leaders in New England came here, with 
omens which seemed unpromising, to win a success which 
was denied at home. I know no self-sacrifice in history more 
loyal and gallant than that of our great governor, when he was 
asked to go back to England, to take place of honor and com- 
mand, in their hopeful beginnings; and when he held to the 
Little State in the wilderness, rather than return to the delights 

1 Johnson's Memoranda are in the following words, at the date 1672 : 
"Ministers that have come from England, chiefly in the ten first years, ninety- 
four; of which returned, twenty-seven ; died in the country (New England), thirty- 
six ; yet alive in tlie country, thirty-one. Ministers bred in New England, and 
(excepting about ten) in Harvard College, one hundred and thirty -two, of wiiich died 
in the country, ten ; now living, eighty-one ; removed to England, forty-one." 
(Chronological Table in New-England's Rarities, Archieol. Amer. vol. iv. p. 233.) 
[p. 103 of the edition of 1672.] The Triennial Catalogue gives only one hundred 
and one ministers up to 1672 in Harvard College. But all that Johnson names did 
not necessarily take the degree of A.B. 



PUEITAN POLITICS IN ENGLAND AND NEW ENGLAND. 4G1 

of home and the certainty of distinction. It was that little State, 
of perhaps 30,000 people, which treated almost as an equal with 
the Parliament of England. In speaking of that State, the Long 
Parliament speaks of commerce between "the kingdom of Eng- 
land " and " the kingdom of New England." To that independent 
State the Parliament yielded the privilege of universal commerce, 
which to all colonies of England was denied. And that inde- 
pendent State, in the next session of the General Court of Massa- 
chusetts, returned the international civility; and, by the first 
reciprocal treaty, gave to the kingdom of England like privileges 
to those which to "the kingdom of New England" had thus 
been granted. To the navigation laws of that Parliament and 
of Cromwell, England owes this day the commerce which 
whitens every sea. To that first reciprocal treaty, New England 
owed the early maritime development which has sent her ships 
to every ocean. 

As time has passed by, the Parliament of England has learned 
that Oliver Cromwell was never sovereign in that island. In 
the line of statues of English sovereigns in Parliament House, 
the eye first rests upon the vacant space between the image of 
Charles I. and Charles II. There is no Cromwell there I Yet, if 
he were not sovereign of England for the ten years after the 
royal traitor died, it would be hard to say who was. He was 
not the sovereign of New England in those years. In those 
years. New England knew no sovereign but her people. But 
he was the friend of New England, and the friend of her rulers. 
They loved him, they believed in him, they honored him. He 
represented the policy which, for ten years, triumplied in Old 
England, and which has triumphed in New England till this 
time. Massachusetts is about to acknowledge her debt to 
Winthrop, which she can never pay, by erecting his statue in 
the National Capitol. There it is to stand, first among the 
founders of America ; first, where Virginia Dare and John Smith 
and George Calvert, and even Roger Williams and William 
Penn, are second. When that obligation is thus acknowledged, 
Massachusetts may well erect in her own capitol, face to face 
with Chantrey's statue of George Washington, the statue which 
England has not reared, of Oliver Cromwell. It may bear this 
inscription : — 



462 PURITAN POLITICS IN ENGLAND AND NEW EJJGLAND. 

OLIVER CROMWELL. 

This man believed in Independency. 

He was the sovereign of England for ten j-ears. 

He was the friend of Ifew England through his life. 

This statue stands here till the England which we love, and irom 
which we were born, shall know who her true heroes were. 



EDUCATION IN MASSACHUSETTS. 



LEGISLATION AND HISTORY. 



By GEO. B. EMERSON. 



EDUCATION IN MASSACHUSETTS. 
LEGISLATION AND HISTORY. 



'TPHE subject assigned to me by the Committee of the His- 
-^ torioal Society, is Education in Massachusetts, — Legisla- 
tion and History. I shall endeavor to show, as far as I can do 
it in a single lecture, what Massachusetts has done for the ad- 
vancement and diffusion of education, and how she has done it. 

In 1636, three, or, at the vitmost, four thousand emigrants, 
mostly from the mild southern counties of Old England, were 
dwelling in sixteen towns and hamlets, on the sandy shores of 
Massachusetts Bay. They were not yet hardened to the fierce 
extremes of a New-England climate, and had suffered and were 
suffering terribly from the heats of summer, the blustering chilly 
winds of spring, and the cold and snow-storms of winter, in 
their hastily built log-cabins, and wretched huts and hovels, no 
better, often, than the wigwams of the savage Indians. They 
were the most religious people under heaven; yet their only 
place of worship in Boston was built with mud-walls and a 
roof thatched with straw. They had been exposed to scarcity 
of all kinds, sometimes nearly approaching to absolute famine. 
When the large colony led by Governor Winthrop reached 
Salem, in June, 1630, they found that, during the jirevions 
winter, more than a fourth part of their predecessors had died, 
and many of the survivors were ill ; and, of the new-comers, a 
fifth part fell victims to disease before the end of autumn. 

Yet, in the first volume of the Records of the General Court, 
we read, — 

" At a Court holden Sept. 8, 1636, and continued by adjourn- 
ment to the 28th of the eighth month, October, 1636, the 

30 



466 EDUCATION IN MASSACHUSETTS. 

Court agreed to give £400 towards a school or college; £200 
to be paid next year, and =£200 when the work is finished ; and 
the next Court to appoint where and what building." At a 
General Court held at Newtown, on the 2d of the ninth month, 
1637, " The college is ordered to be at Newtown." 

The people of Massachusetts at that time were poor, with all 
the hardships of new settlers in a savage country, clearing up 
the forests, building houses and barns and churches, enlarging 
their pastures, and bringing the earth into cultivation. 

Four hundred pounds sterling, then, would correspond to 
$2,000. This would be a grant of fifty cents for each individual 
of the four thousand inhabitants, equal to a grant, at the same 
rate, for each individual of the present population, say one 
million two hundred and fifty thousand, of 8625,000. But it 
must be remembered that a dollar then was equivalent to several 
dollars now ; and that Massachusetts then was one of the 
poorest States in the world, and is now one of the richest, — its 
valuation in 1865 being more than one thousand millions. 
Considering these things, we may well conclude with Dr. Dwight, 
" It is questionable whether a more honorable specimen of 
public spirit can be found in the history of mankind." ^ The 
name of the town was soon afterwards changed from Newtown 
to Cambridge, " a grateful tribute to the transatlantic literary 
parent of many of the first emigrants, and indicative of the high 
destiny to which they intended the institution should aspire." ^ 

"In the year 1638," says President Quincy, " while they were only 
contemplating its commencement, John Harvard, a dissenting clergyman 
of England, resident at Charlestown, died, and bequeathed one-half of 
his whole property, and his entire library', to the institution. An instance 
of benevolence thus striking and timely, proceeding from one who had 
been scarcely a year in the country, was accepted by our Fathers as an 
omen of divine favor. "With prayer and thanksgiving they immediately 
commenced the seminary, and conferred upon it the name of Harvard." ^ 

What was done in the endowment of Harvard College has 
been imitated a thousand times since. The beneficence of the 
State has been enlarged and multiplied by the beneficence of 

1 Dwiglit's Travels in New England, vol. i. p. 481, as quoted by President Quincy, 
in History of Harvard University, vol. i. p. 8. 

2 Quiucy's Hist. H. U., vol. i. p. 9. 3 ij.^ pp. g^ jq. 



LEGISLATION AND HISTORY. 4G7 

individuals. The State gives ^£400 for the founding of a school 
at Cambridge; John Harvard adds £800. The towns through- 
out the colony contribute according to, or far beyond, their 
means; individuals with wonderful munificence. In the course 
of eight years, £269 18s. Sd. were given by the towns in the 
four colonies,! for the benefit of the officers and students in the 
college. Of this sum, Boston gave nearly £85 ; Charlestown, 
£37 16s. 2d.; Lynn, £1. In 1654, Rev. Mr. Allen, of Dedham, 
gave two cows, valued at £9. In 1656, Richard Dana, in cotton 
cloth, 9s.; a widow in Roxbury, £1 ; Richard Saltonstall, £104. 
Tlie inhabitants of Eleuthera, one of the Bahama Islands, " out 
of their poverty, in testimony of their gratitude towards the 
inhabitants of Massachusetts, for necessaries sent them in tlieir 
extreme want," £124. This shows that charity to strangers 
began early in Massachusetts. The island of Eleuthera was then 
farther off than Ireland or Crete is now. 

In 1669, of £2,697 5s. paid by the inhabitants in contributions 
for erecting a new college building, the town of Portsmouth gave 
£60 a year, for seven years ; of which Richard Cutts subscribed 
£20 per annum; and Boston £800, of which Sir Thomas Temple 
gave £100, and Benjamin Gibbs £50; Salem, £130 2s. 2d., of 
which Rev. Mr. Higginson subscribed £5, Mr. William Brown 
£40, Mr. Edmund Batter £20; the town of Hull, £3 18s.; Scar- 
borough in Maine, £2 9s. 6d.:^ so universal was the generous 
feeling towards tlie college. 

The amount of donations in money during the seventeenth 
century was £6,134 16s. lOd. Then there were large gifts in 
land and books. The poor gave according to their ability; 
Richard Harr, one great salt, and one small trencher salt ; Mr. 
Vane, a fruit-dish, sugar-spoon, and silver-tipped jug ; Mr. Wilson, 
one pewter flagon; Sir Thomas Temple, one pair of globes; 
John Willet, a bell ; Edward Page, one silver goblet ; the farm- 
ers, gifts in corn, from many bushels down to a single peck. 

One of the most remarkable things in the history of Harvard 
College is the fact that, in all the constitutions of the college, 
there is nothing illiberal or sectarian, nothing to check the Ireest 
pursuit of truth in theological opinions, and in every thing else; 

1 Plymouth, New Haven, Connecticut, and Massacliusetts. 

2 Quincy's H. C, Appendix, vol. i. p. 508. 



468 EDUCATION IN MASSACHUSETTS. 

and this, too, while the founders of the college were severely and 
strictly Orthodox, often exclusive in their own opinions, and that 
their object was unquestionably to provide for the thorough edu- 
cation of ministers of the gospel of like views with themselves. 
Whether it was that they had confidence that free inquiry would 
lead others to the same conclusions it had led themselves ; or 
that there were differences of opinion among them, which pre- 
vented the framing of a declaration of faith that should satisfy 
all ; or that they were beginning to find that a declaration of 
faith, while it excluded those who honestly differed, could never 
exclude hypocrites ; or that they had a profound and reverent 
belief that the living God would, in all future time, be near the 
souls of all true and earnest men, to enlighten and guide them ; 
or whether it was by a special providence that we have been 
secured from what has been elsewhere a plague and a snare, — we 
know not : we only know that no subscription or declaration of 
faith has ever been required from any officer of the college. 
The device on the first seal was three open books, with Veritas 
upon them : Search for The Truth everywhere ; for a college or 
school, the noblest and best motto possible. This was succeeded 
hy In Christi Gloriam, — to the glory of Christ; and this soon 
after by the present motto, Christo et Ecdesice, — to Christ and 
the Church. 

How earnest and sincere our Puritan Fathers were in doing 
all that could be fairly done to secure soundness in the faith, is 
shown by the uniform character of their legislation. 

In the Records of the Court for May 3, 1654, we read, — 

" Forasmuch as it greatly concerns the welfare of this country tliat the 
youth thereof be educated not only in good literature but sound doctrine, 
this Court doth therefore commend it to the serious consideration and 
special care of the ofBcers of the college and the selectmen of the several 
towns, not to admit or suffer any such to be continued in the office or place 
of teaching, educating, or instructing of youth or children, in the college 
or schools, that have manifested themselves unsound in the faith or scan- 
dalous in their lives, and not giving due satisfaction according to the rules 
of Christ." 

The conditions for admission at Harvard College, established 
by President Dunster, for the year 1642 and onward, are as 
follows : — 



LEGISLATION AND HISTORY. 469 

1. " "Whoever shall be able to read Cicero, or any other such like classical 
author, at sight, and, correctly and without assistance, to speak and write 
Latin, in prose and 'verse, and to inflect exactly the paradigms of Greek 
nouns and verbs, has a right to expect to be admitted into the college ; 
and no one may claim admission witliout these qualifications." 

And, throughout their course, the scholars were not, within the 
college limits, upon any pretext, to use the vernacular, unless 
when called to deliver an oration, or some other public exercise, 
in English.i 

From this it appears that the standard for admission was 
higher than it has been since. I believe that, not comparatively, 
but absolutely, boys were better fitted for college then than they 
are now. They had better teachers. Few teachers at present 
are able, by their own example and usage, to teach boys to speak 
the Latin language readily and correctly. Few are themselves 
able to read Cicero of Tacitus at sight. A great mistake, one 
of the greatest possible, has been made, in relinquishing the mode 
of teaching the Latin language at that time prevalent, I believe, 
in England and throughout Germany, as well as in this coun- 
try. For, unquestionably, the only sure way of learning a 
language rapidly, pleasantly, satisfactorily, and so as to be a 
permanent acquisition, is the natural way ; that is, as a spoken 
language. In consequence of this change, the character of the 

1 Scliolares vernacula lingua intra collegii hniites, nullo pretextu, utuntor, nisi 
ad orationem, aut aliud aliquod exercitiura publicum Anglice habendum evocati 
fVierint. (President Dunster's Laws and Rules, 1642-46, in Quincy's Hist., vol. i. p. 
678). 

" Tlie learned and excellent Henry Dunster," says Dr. Palfrey, " when he accepted 
this great cliarge" (of the Presidency of the college), "had just arrived from Eng- 
land, having been there a non-conformist minister, after receiving .in education at 
Emm.inuel College, Cambridge." (Palfrey, vol. ii. p. 49.) He drew up the Laws 
and Rules of the college, and probably settled the course of study, according to the 
practice of the English Universities at that time. It consisted, in a large degree, of 
Latin, Greek, and English, with something of Hebrew, Syriac, and Ch.ildee. and 
also of divinity. It included Aritlimefic, Geometry, Physics, Logic, Ethics, Politics, 
and Rhetoric. In the Saturday afternoons of sunnuer, lectures were given on the 
nature of plants ; in winter, on history. Much time was spent in discussion, and 
still more in composition. ("New-England's First Fruits," in .Mass. Hist. Coll., vol. i. 
pp. 245-6.) 

Few persons, if any, have done so much for education and disci|>line. in America, 
as President Dunster. See many curious particulars of his life, opinions, and death, 
and ap].earance, so far as relates to the body, two hundred and fifty years atter Ins 
death, in the second of the instructive and delightful volumes of Dr. Palfrey's History. 



470 EDUCATION IN MASSACHUSETTS. 

professed teacher has been declining, perhaps continually, until 
the beginning of this century. 

In other respects, also, the boys were better fitted for college 
than they recently have been. 

There were no cities. The greater part of the people lived in 
the country, nearly all on farms. In Boston there was little room 
for farms, and not much for gardens; but many of the inhabi- 
tants had gardens and farms on the islands of the Bay and at 
Muddy River, now Brookline, where their herds were kept. The 
boys spent most of their time in the fields and forests and along 
the rivers and the sea, hunting bears and deer, trapping foxes, 
shooting wild turkeys, wild geese, and wild ducks ; or fishing, 
riding, driving, swimming, rowing, and sailing; or at work with 
those who were laying out roads through the woods, digging 
wells and ditches, making walls, and fences against the wolves, 
building houses, barns, fortifications, churches, ships, mills, boats, 
and ships, laying out and cultivating gardens, planting orchards, 
and engaged in all the labors of husbandry. They thus became 
hardened to the climate, and gained good constitutions and 
health, and moreover became acquainted with natural objects, — 
rocks and soils ; animals, wild and tame, savage and civilized ; the 
trees and shrubs of the woods, and the Howers and herbs of the 
gardens and fields ; and saw the powers of water and of wind, 
and felt the effects of sunshine and cold and all the forces of the 
atmosphere. The elder boys belonged to the train-bands, which, 
under able officers, were drilled — not over twice or thrice a week, 
the law provides — to the use of the musket, the sword and the 
spear. Such were their summer occupations. 

In winter, they helped to clear the woods and cut down the 
forest-trees, sledded the logs to the wood-pile and the timber to 
the mills, and assisted at first in hewing it, afterward, in sawing it 
into beams, posts, joists, planks, boards, clapboards, and shingles, 
or squaring it and building it directly into houses. The winter 
evenings, on those solitary farms, were probably spent in read- 
ing, — an easy and pleasant thing, before the existence of theatres, 
balls, concerts, and dram-shops. And they doubtless had their 
huskings and other merry-makings. 

Has any system been devised to take the place of this, and 
give the young man, in a higher degree, full possession of all his 



LEGISLATION AND HISTORY. 471 

powers and faculties of body and mind, or to give him, in the 
same degree, the masculine qualities of hardy self-reliance with 
cautiousness, manly courage with coolness, resolution with 
patience, and power of endurance with habits of strenuous and 
cheerful labor ? What better discipline have we devised or are 
we devising for the drawing out and training these manly quali- 
ties? 

A few men, whom we have known, have been obliged by force 
of circumstances, to approach this heroic early education. And 
it may be a fair question. Would Mark Hopkins, Francis Way- 
land, Daniel Webster, Jared Sparks, Cornelius Felton, Thomas 
Hill, have been finer specimens of humanity, or even better 
scholars and teachers, if they had been put, at seven, into schools, 
and kept there ten months of every year, till they entered college 
at sixteen, instead of giving their early years to the labors of the 
farm, the forest, and the workshop ? 

Milton calls " a complete and generous education that which 
fits a man to perform justly, skilfully, and magnanimously, all 
the offices, both private and public, of peace and of war." This 
primitive, heroic boyhood was not only a true preparation for the 
offices of a peaceful, private life, for the duties of town officer, 
magistrate, and representative to the General Court, and for 
those of privates and officers, in the wars always threatening 
from the Indians around, and often from the French at the North 
and the Dutch on the South ; but it was the best preparation for 
the studies of the college, as it gave the student, for the object 
of his thoughts while engaged in those studies, instead of mere 
words, the facts of nature, real things and their properties and 
relations. 

Everybody is now ready to admit the important place which 
natural and physical science should have in a liberal education ; 
but all are not aware that such science, to be real, must be 
founded on personal observation. These boys were laying such 
a foundation. A boy engaged in stoning a well, in raising 
stones for a wall, or in drawing water from the well by an old 
fashioned well-pole, was studying the properties of the lever. In 
splitting logs, he become acquainted with the wedge; in making 
roads, with the inclined plane. In helping to lay out a farm, 
with a surveyor's chain and compass, so as to fix, justly and 



472 EDUCATION IN MASSACHUSETTS. 

accurately, the bounds between neighbor and neighbor, he got 
the first elementary ideas which lie at the very foundation of 
geometry, and a feeling of the importance of doing justice, 
at the same time. In selecting, hewing, and shaping the differ- 
ent trees for all the purposes of the primitive essential arts, 
he became acquainted with the strength, elasticity, hardness, te- 
nacity, and other properties, of all kinds of wood. Even in his 
play, he was still at his studies. In rowing, he was studying the 
lever; in sculling, the resolution of forces, — feeling as well as see- 
ing. When he hoisted his sail by pulling at a rope passing 
round a truck at the head of his mast, he was studying the ele- 
ment of the pulley ; when, to raise the sail to the utmost, he 
pulled out the middle of that rope fastened at the foot, to haul 
taut and belay, he was learning the properties of the rope- 
machine. When, sitting in the stern of his boat, he trimmed his 
sail to the varying wind, on a narrow, winding creek, or on Nepon- 
set River, or Charles, obliged often to come as near as possible to 
the wind, he was studying the resolution of forces, in the most 
favorable position in which they can be studied. When for the 
well-pole he substituted the windlass, and with it drew water from 
the well, he was learning the nature, by observing the uses, of 
the wheel and axle. When he dug a ditch or assisted in build- 
ing a dam and arranging a flume and a gate for the water-power, 
he was studying hydrostatics and hydraulics. Arranging the 
stones for grinding corn, he was studying the combination of 
wheels ; and, setting the stones to grind, the centrifugal force. 
The saw-mill and the wind-mill, wlien they were introduced, 
showed him machinery in more complicated action.^ 

Then again, in those early days, there were no spelling-books 
nor English grammars for children to waste their time upon. 
The deluge of children's books had not begun. Children learned 
their letters from verses in the Bible, — from those sublimest of all 
sentences : " In the beginning, God created the heaven and the 
earth ; " " and God said, Let there be light, and there was light." 

1 I perfectly well remember standing, when a child, in a still morning, on the 
bank of a river, and watching a man engaged in chopping wood, at a distance, on 
the other side. I heard every stroke of his axe, but I heard it some little time after 
it was struck. It was my first lesson in acoustics and optics. I saw the slowness 
of the motion of sound compared with the velocity of that of light. 



LEGISLATION AND HISTORY. 473 

Boys and girls were obliged to read the few books they had, 
which were often the most excellent that we have, again and 
again, till they knew them thoroughly, almost by heart. They 
became, of necessity, familiar with the Gospels, with the beau- 
tiful histories of the Old Testament, the glorious poetry of the 
prophets, of Job, and the Psalms, the profound wisdom of 
Solomon and the divine wisdom of the apostles.^ The little 
time given to the Latin language was spent in leaniin"- and 
using the words essential to conversation ; and in studying the 
language of Cicero and Virgil, instead of the unintelligible 
generalizations of grammar, what John jMilton calls "the most 
intellective abstractions of logic and metaphysics," so commonly 
begun with at the present day. 

What a pleasant way of learning a language must that have 
been ! — Walking about with the teacher over the farm, in the 
barn-yard, and in the woods; and learning from him how to 
speak, in Latin, of all they saw. How easy for persons so 
taught to continue the use of the language, in college ! and 
how deeply fixed in the memory must all the usual forms of the 
language thus become ! Whoever has had the good fortune 
to learn any modern language by hearing and speaking it 
alone for a few years, must know how imperfect and super- 
ficial, in comparison, is the knowledge obtained from books only. 

Such was the necessary but real and noble preparation for 
college which was given to nearly all the boys in Massachusetts 
purposing to receive the highest education of the time. Has 
any thing better been yet introduced to take the place of such a 
preparation ? Does the vast time given to arithmetic, destined 
to be never used ; or the innumerable lessons in geography, 
destined to be speedily forgotten ; or the volumes of choice 
and exquisite selections from the best and finest poetry and 
prose, most of it wholly beyond the capacity of those who arc to 
read them, — give a better preparation ? Are these an adequate 
substitute for readings from the book of Nature, from the works 
and word of God ? 

1 Tlie English langunge is spoken by the common people of New EnfrlanJ far 
better than it is anywhere else. This is owin^'. I doubt not, to the fact, that they 
have always been familiar with the Old and New Testaments, in onr beautiful trans- 
lation. 



474 EDUCATION IN MASSACHUSETTS. 

In the year 1847, the President of this Society, — I heard it 
from his own lips, and know that he will pardon my telling the 
story, — himself a lineal descendant of John Winthrop, under 
whose administration the grant I have read, and the laws 
I am going to read, were passed, was sitting in the diplomatic 
gallery of the House of Commons, with Sir Robert Peel, to 
whom a letter from Edward Everett had introduced him, engaged 
in conversation ; when Sir Robert suddenly interrupted himself, 
and said, " I must now leave you, as I see that Macaulay is 
going to speak, and I always want to hear what he says." He 
left him ; and our friend presently heard, among other good 
things from Macaulay, — 

" I say, tlierefore, that the education of the people ought to be the first 
concern of a State. . . . This is my deliberate conviction ; and in this 
opinion I am fortified by thinking, that it is also the opinion of all the 
great legislators, of all the great statesmen, of all the great political 
philosophers, of all ages and of all nations. . . . Sir, it is the opinion of 
all the greatest champions of civil and religious liberty in the Old World 
and in the New ; and of none — I hesitate not to say it — more emphati- 
cally than of those whose names are held in the highest estimation 
by the Protestant Nonconformists of England. Assuredly, if there be 
any class of men whom the Protestant Nonconformists of England respect 
more highly than another, — if any whose memory they hold in deeper 
veneration, — it is that class of men, of high spirit and unconquerable 
principles, who, in the days of Archbishop Laud, preferred leaving their 
native country, and living in the savage solitudes of a wilderness, rather 
than to live in a land of prosperity and plenty, where they could not enjoy 
the privilege of worshipping their Maker freely, according to the dictates 
of their conscience. Those men, illustrious for ever in history, were the 
founders of the Commonwealth of Massachusetts ; but, though their love 
of freedom of conscience was illimitable and indestructible, they could see 
nothing servile or degrading in the principle, that the State should take 
upon itself the charge of the education of the people. In the year 1642," 
[should he not have said, 1647 ?] " they passed their first legi>]ative enact- 
ment on this subject ; in the preamble of which they distinctly pledged 
themselves to this principle, that education was a matter of the deepest 
possible importance and the greatest possible interest to all nations and to 
all communities ; and that, as such, it was, in an eminent degree, de- 
serving of the peculiar attention of the State." ^ ^ 

1 Macaulay's Speeches, vol. ii. pp. 334 and 835, ed. of Eedfield, New York, 1853. 



LEGISLATION AND HISTORY. 475 

That preamble is in these words : — 

" It being one chief project of the ohl dehuler, Satan, to keep men from 
the knowledge of the Scriptures, as, in former times, by keeping them in 
an unknown tongue, so, in these latter times, by persuading from the use 
of tongues, that so at least the true sense and meaning of the original 
might be clouded by false gloss of saint-seeming deceivers ; — now, that 
learning may not be buried in the grave of our fathers, in the Church and 
Commonwealth, the Lord assisting our endeavors," — and here follows 
the law : — 

" It is therefore ordered, that every township in this jurisdiction, after 
the Lord hath increased them to the number of fifty householders, shall 
then forthwith appoint one within their town to teach all such children as 
shall resort to him, to write and read, whose wages shall be paid, either 
by the parents or masters of such children, or by the inhabitants in gen- 
eral, by way of supply, as the major part of those that order the pruden- 
tials of the town shall appoint, provided, those that send their children be 
not oppressed by paying mucli more than they can have them taught for 
in other towns ; and it is further ordered, that, where any town shall 
increase to the number of one hundred families or householders, they 
shall set up a grammar school, the master thereof being able to instruct 
youth so for as they may be fitted for the university, provided that, if any 
town neglect the performance hereof above one year, that every such 
town shall pay £5 to the next school, till they shall perform this order." ' 

A grammar school was then understood to be a school in 
which the Latin and Greek languages were taught. 

In 1683, Oct. 10, we read, " The Court doth order that when- 
ever a town has five hundred families, it shall support two 
grammar schools and two writing schools." 

On June 14, 1642, the following law was passed :2 — 

"This Court, taking into consideration the great neglect of many 
parents and masters, in training up their children in learning and labor, 
and other employments which may be profitable to the Commonwealth, 
do hereby order and decree, tliat in every town tlie chosen men appointed 
for managing tlie prudential atfiurs of the same sliall henceforth stand 
charged with the care of the redress of this evil ; . . . and. for this end, 

1 Mass. Records, Nov. II, 1617, vol. ii. p. ^03- 

2 I had considerable doubt, and still have, whether this law or the one of 1647 
were the one referred to by Macaulay ; but, as this law really has no preamble, but 
only a short introduction in no degree remarkable, and, as it is almost wholly upon 
the matter of apprenticeship, I have concluded that it must have been to the other 
that he had reference. 



476 EDUCATION IN MASSACHUSETTS. 

they, or the greater number of them, shall have power to take account, 
from time to time, of all parents and masters, and of their children, con- 
cerning the calling and employment of their children, especially of their 
ability to read and understand the principles of religion, and the capital 
laws of this country, and to impose fines upon such as shall refuse to 
render such accounts to them when they shall be required ; and they shall 
have power, with consent of any court or the magistrate, to put forth 
apprentices the children of such as they shall find not to be able and fit 
to employ and bring them up ; . . . and for their better performance of 
this trust committed to them, they may divide the town amongst them, 
appointing to every one of the said townsmen a certain number of families 
to have special oversight of. They are also to provide that a sufficient 
quantity of materials, as hemp, flax, &c., may be raised in the several 
towns, and tools and implements provided for working out the same." ' 

Next to the law providing free public schools for all, this law 
providing for the accustoming of all children to labor, and their 
proper and sufficient training in some useful employment, shows 
most strikingly the wisdom and forethought of these men of 
Massachusetts. The observance and the perfecting of the 
former law, and the copying of it by other States, have been an 
immeasurable blessing to the world. The neglect of this latter 
law has been an equally vast misfortune.^ 

A very large part of the poverty found now among the natives 
of New England may be traced to this neglect. A great deal of 
the crime has this same cause. To this neglect, more probably 
than to any other cause, is due the great number of persons setting 
up in business, without any skill or knowledge or experience or 
any other qualifications, and soon failing ; — ninety-seven per cent 
in the principal street in Boston, as was found a few years ago to 
have been the case for many years. To this neglect is owing that 
great army of middle-men, who, even now, are preying like vani- 

1 I hare not quoted the whole of this law. It contains, at some length, farther 
provisions for the certain and safe employment of cliildren of both sexes, in things 
useful to the Commonwealth. 

2 My own opinion is, that the education of no girl or hoy ought to be considered 
finished, even so far as common schools are concerned, who has onlj' had his mental, 
moral, and spiritual faculties developed, and knowledge given, principles fixed, and 
reverential habits formed. His bodily powers ought also to be exercised upon 
Bometliing useful, at every step in his course. This might be done without any loss 
to his intellectual nature, and witli immeasurable benefit to his pln-sical. Such an 
education would miike every work and d\ity of after life more easy and pleasant. 



LEGISLATION AND HISTORY. 477 

pires upon the poor in this town and this country. The present 
very intelligent warden of the State Prison, Gideon Hayncs, 
informs me, that " of the convicts committed to this prison in 
the last forty years, over eighty per cent had no trades." " I 
cannot with any certainty," he adds, " say how many of that 
number might have been saved by learning a trade ; but from 
the fact that all received, who were capable of learning, have 
during the above period been taught one, and that only nine j^er 
cent of the number have been recommitted, I am satisfied that 
at least fifty per cent might have been saved by a good trade." 

Those legislators sought, not only to prevent ignorance of law 
and of duty by universal education, but to prevent poverty and 
crime by universal intelligent industry. 

A considerable portion of the inhabitants of all the large cities 
of the Atlantic coast are paupers. Here we have one cause. Is 
it too late to take measures to prevent much of the poverty and 
crime of Massachusetts, by laws requiring every child not pro- 
vided for by the wealth of his parents with a thorough and 
learned education, to be brought up to some trade' or other use- 
ful occupation ? 

A negro had been left, by one James Smith, at Portsmouth, 
and been retained in bondage. In the records of the General 
Court, for Nov. 4, 1646, we read, — 

" The General Court, conceiving themselves bound by the first oppor- 
tunity to bear witness against the heinous and crying sin of man-stealing, 
as also to prescribe such timely redress for what is past, aud such a law 
for the future as may suiBciently deter all others belonging to us to have 
to do in such vile and most odious courses, justly abhorred of all good 
and just men, do order, that the negro interpreter, with others unlawfully 
taken, be, by the first opportunity (at the charge of the country, for the 
present), sent to his native country of Guinea, and a letter with him of 
the indignation of the Court thereabouts ; and, in justice hereof, desiring 
our honored Governor would please to put this order in execution." ^ 

Such was the sublime consistency of these men. Was there 
any earlier or more decided utterance against slavery and the 
slave-trade than this ? 

If this is not a serious challenge, what is? It should be 
remembered that, at the time when this indignant protest was 
1 Mass. Eecords, vol. ii. p- 168. 



478 EDUCATION IN MASSACHUSETTS. 

made, every other government on earth was, apparently, altogether 
indifferent to the existence and evil of slavery. It must be 
admitted that this lofty Christian tone of feeling did not last 
always. "With the decay of education, this spirit of universal 
liberty decayed. Mingling with the rest of the world, the people 
of Massachusetts gradually lowered their standard, and felt and 
acted like the rest. Some of them held slaves. The oldest 
members of some of our oldest families must still remember 
them. Of cruelty towards them, I know not that there is even 
a tradition.! 

The spirit of the laws I have read is purely republican. They 
protect the children and apprentices in tlieir right to be in- 
structed, against the indifference or cupidity of masters and 
parents, but leave it to the majority of the inhabitants of each 
town to provide the means in their own way. Further, — what 
was quite as essential to the accomplishment of the design of 
the law, they provide a standard below which the qualifications 
of a teacher in the grammar schools shall not fall. He shall 
" be able to instruct youth so far as they shall be fitted 
for the university," thus bringing within the reach of all the 
children of every town of one hundred families the means of 
preparing themselves for the highest course of instruction then 
or now existing in the country. Had this law continued in 
operation, youth from nearly every town in the Commonwealth 
would now be enjoying this privilege .^ 

The whole policy of the Puritan colonists in this matter 
ought to fill us with admiration. In their simplicity they con- 
ceived, and in their poverty executed, a scheme which had 
proved too high for the intellect and too vast for the power of 
every previous potentate or people, — the liitherto unimagined 
idea of universal education. Fugitives from the persecution of 
the Old World, and hemmed in between the waves of a stormy 

1 Those amongst us who have openly or silently sympathized with the spirit of 
this law, have for many years been accustomed to hear reproaclies heaped upon >is, 
because we allowed such disturbers of the peace as Garrison, Phillips, and May to 
go unhanged. The reproach now is, that such men did not arise two centuries ago, 
that this law was ever allowed to fall into oblivion, that such men as Garrison did 
not live amongst us always. 

2 Much of this, and several subsequent paragraphs, is taken from an article in the 
"North American Review," published many years since. 



LEGISLATION AND HISTORY. 479 

sea and the savages of a boundless wilderness, so little were 
they subdued by the hardness of their lot, that they regarded 
ignorance, irreligion, and sin as the only evils, and reli'nous 
instruction, intellectual discipline, and proper employrnent, as 
the effectual remedies. Where shall their descendants look for 
a higlier example? 

How it came to pass that the early colonists of New England 
should form laws, for the advancement of education and the 
rights of men, of such wisdom, liberality, aud forecast, it is not 
difficult to conjecture. The civil, and especially the spiritual, 
leaders of the first emigrations to Massachusetts were the most 
highly educated men that ever led colonies. They were inde- 
pendent, liberty-loving Anglo-Saxons. Their leader and many 
of his associates were brought up " among books and learned 
men." ^ They possessed, and they long continued to exert, an 
influence of the highest and noblest, because of the most dis- 
interested, kind. They intended to form a Christian Common- 
wealth, all the members of which should understand and obey the 
laws of God and of the State. We may differ from some of their 
theological opinions ; we may regret that, within half a century 
after the time of which we are speaking, the spirit of persecution, 
which had such frightful power in Britain and in most countries 
on the continent of Europe, reached and affected even them. 
We may regret, while we do not wonder, that they should have 
been misled by a belief that institutions and laws made for the 
Jews alone, in one stage of their progress, were intended for all 
mankind in every stage. But we may search the world in vain 
for more conspicuous, unselfish devotion to the cause of what 
they believed to be truth and the rights of humanity. Of the 
ministers of the fifteen or sixteen towns in Massachusetts,^ the 
greater part had been educated at Oxford or Cambridge. And 
they were not educated men of an ordinary type. Archbishop 

1 Robert Ryce, writing to Jolin Winthrop, on the 12tli of August, 1629, says, 
" How liard will it be, for one brouglit up among books and learned men, to live in 
a barbarous place, where is no learning, and less civility." — See Historical Collec- 
tions, 4th Series, vol. vi. p. 393. • 

2 Palfrey's N. E., pp. 371-2. Newberry, Ipswich, Saugus, Salem, Cliarlestown, 
Weymouth, Newtown, Watertown, Boston, Ro.xbury, Dorchester, Hinglmm, Medford, 
Concord, Dedliam ; and Wcssagussett, now Savin Hill and South Boston, or 
Mount WoUaston, now Quincy. Wiunesimit, now Chelsea, belonged to Boston. 



480 EDUCATION IN MASSACHUSETTS. 

Laud did not meddle with ordinary, dull preachers. He 
silenced the famous preachers, — those that were distinguished 
for their learning and eloquence, their character and influence. 
Many of the men thus silenced came to Massachusetts. And 
they came not alone : their parishioners and friends, who 
loved them best, and most highly valued liberty of conscience, 
and least feared the terrors of the ocean and hardships of a 
savage wilderness, came with them. 

Under date of Sept. 4, 1632, Governor Winthrop writes : — 

" The ' Griffin,' a ship of three hundred tons, arrived. . . . She brought 
about two hundred passengers. ... In this ship came Mr. Cotton, Mr. 
Hooker, and Mr. Stone, ministers ; and Mr. Peirce, Mr. Ilaynes (a 
gentleman of great estate), Mr. HofFe, and many other men of good 
estates. They got out of England with much difficulty, all places being 
belaid to have taken Mr. Cotton and Mr. Hooker." 

Dr. Palfrey says of these men, and he knew of whom he was 
speaking, — 

" In one ship came John Ilaynes, an opulent landholder of the county 
of Essex, and three famous divines, — Thomas Hooker, Samuel Stone, 
and John Cotton. They were men of eminent capacity and sterling 
character, fit to be concerned in the founding of a State. In all its 
generations of worth and refinement, Boston has never seen an assembly 
more illustrious for generous qualities and for manly culture, than when 
the magistrates of the young colony welcomed Cotton and his fellow- 
voyagers at Winthrop's table." ^ 

Many of these men brought their libraries with them. Of 
one, John Harvard's, of two hundred and sixty volumes, we 
have the catalogue. There is not probably now a private 
library in America, of the same number of volumes, so well 
selected and so valuable. Many of the authors, such as Beza, 
Chrysostom, Calvin, Luther, Bacon, and Camden, and all the 
classical authors, — Homer, Plutarch, and Isocrates, Lucan, 
Pliny, Sallust, Terence, Juvenal, and Horace, — are hardly less 
valuable now than they were then. 

Among them were the writings of Luther, who was not only 
the great leader of the Reformation, and the translator of the 
whole Bible into exquisite classical German, — which holds the 

» Palfrey's Hist., vol. i. p. 367. 



LEGISLATION AND HISTORY. 481 

same place for its beautiful language amongst the Germans 
as King James's translation among tiie English, — but the most 
able, eloquent, and strenuous advocate of the highest education 
in the classical languages, in Hebrew, in History, Philosophy, 
Botany, Logic, Rhetoric, Music, and- the Mathematics, for those 
who could afford such an education, and of sciiools for universal, 
elementary education, which all boys should be compelled to 
attend. 1 And in these writings they must have read such sen- 
tences as these : — 

"It is brutish recklessness to act mci'ely for the present time, and to 
say, as for us, we will rule now ; but we care not how it sliall be with 
those who come after us." ^ 

" For the Prince of Darkness is shrewd enough to know, that, wliere 
the langu.ages flourish, there his power will soon be so rent and torn that 
he cannot readily repair it." 

" Let us bethink ourselves, that haply we may not be able to retain the 
gospel without the knowledge of tlie hinguages in which it was written. 
For they are the scabbard in whicli the sword of the Spirit is sheathed; 
they are the casket in which this jewel is enshrined." 

" Hence we may conclude that, where the languages do not abide, 
there, in the end, the gospel must perish." 

" The Sophists averred, that tlie Scriptures were obscure. . . . But 
they did not see that all tliat was wanted, w.is a knowledge of the h»n- 
guages in which it was recorded ; for notliiug is more phiiu-spoken tlian 
God's woi-d, when we have become thorougli masters of its language." ^ 

" Had I passed my days in obscurity, and had I received no aid from 
the languages towards a sure and exact understanding of the Scriptures, 
I miglit have led a holy life, and, in my retirement, have preached sound 
doctrine ; but then I should have left the Pope and the Sophists, together 
with tlie whole body of Antichrist, just where I found them." * 

1 See Dr. Martin Lutlier's Address to tlie Councilmcn of all the towns of Ger- 
many, piissim. Barnard's American Journal of Education, vol. iv. p. 421. 

■^ American Journal of Education, vol. iv. pp. 432, 433. 

3 Id., pp. 434, 435. 

* See how Luther valued the work of teacliing : "As for myself, if I had children, 
and were able, I would teach them not only the languages and history, hut singing like- 
wise ; and with music I would combine a full course of m.atlieniatics." — /</., p- 437. 

" Cheerfully let thy son study ; and should he, the while, even be compelled to 
earn his bread, yet remember that you are offering to our Lord God a fair block of 
marble, out of which he can hew for you a perfect work." — Sermon on Keeping 
Chihlnn at School, p. 440. 

" For my part, if I were, or were compelled, to leare off preaching, and to enter 

31 



482 EDUCATION IN MASSACHUSETTS. 

We must remember that all this was written and published 
throughout Germany in 1524. 

There is another thing to be taken into consideration, to 
account for the wisdom of this legislation. None were chosen 
to the Legislature but religious men, — men of spotless char- 
acter, the best, wisest, and most trustworthy to be found, — 
men who would naturally make the best laws they could. 
From which of these United States are the best, wisest, and 
most trustworthy men now sent, and those only ? To which 
Congress, within the memory of any person living, have only 
men of spotless character, the best, wisest, and most trustworthy 
to be found, been sent, from Massachusetts ? To which branch 
of which legislature of the State, to which common council of 
the city, since the first, have such men and such men only been 
sent? The very thing which should always be considered a 
disqualification for a place in either of these assemblies is often 
the only qualification a candidate possesses, — the having some 
private interest to advance therein. 

This law of 1647 was the establishment and the beginning 
of that great and wise system of common schools for the educa- 
tion of the whole people, which has been and is the honor of this 
Commonwealth, and which has been spreading, and is destined 
to spread, until it controls and guides the education of the whole 
people, not only in every State in this country, but of all States 
in every country. 

From the beginning, the practice seems to have prevailed of 
transacting the business of the several towns at meetings of all 
the freemen. Every freeman was here naturally led to inform 
himself as to all the interests of the community, and was 
free to utter and urge his opinions. These town-meetings 
thus became societies for the discussion of real questions 
of public interest; schools, therefore, of training in argument, 
logic, and eloquence. These have continued, in all the toions, 
up to the present day, and must have had vast influence 

some other vocation, I know not an office tliat would please me better tlian tliat of 
schoolmaster or teacher of boys. For I am convinced, that, next to preaching, this 
is the most useful and greatly the best labor in all the world ; and, in fact, I am 
sometimes in doubt which of the positions is the more honorable." — Id., p. 441. 



LEGISLATION AND HISTOUY. 483 



in forming men to habits of tliought and enliglitened dis- 
cussion.' 

In 1632, the inhabitants of Dorchester designated twelve of 
their number to meet weekly for the consideration of public 
aflairs. About the same time, Watertown chose three for the 
same purpose. In 1634, the people of Boston chose " three to 
make up the ten to manage tlie affairs of the town." ^ In 163.5, 
Mr. Frolhingham tells us of an " order made by the inhabitants 
of Charlestown, at a full meeting, for the government of the 
town by selectmen." 3 This is the element of representation ; 
and " at the fifth General Court held in Massachusetts, twenty- 
four persons appeared, delegated by eight towns ; ' namely, 
three each from Newtown, Watertown, Charlestown, Boston, 
Roxbury, Dorchester, Saugus, and Salem,' — to meet and con- 
sider of such matters as they (the freemen) were to take order in 
at the same General Court;"* and thus the government of 
Massachusetts first became truly a representative government. 

The leaders and first legislators of Massachusetts were uncon- 
sciously laying the foundations and shaping the laws for a 
government and state of society wholly new. Every act of their 
legislation is therefore of the highest interest to the student of 
human progress. But as I found it impossible, in the space allowed 
me, to give more than a few glimpses of the spirit and action of 
their Legislature, I have selected the law founding the university, 
for the highest education ; that establishing common schools, for 
universal education, and opening for all the path to the highest; 
that which required every individual to be fitted for some 
employment useful to the Commonwealth ; and that which 
denounced and forbade slavery. 

1 Municipal government — tlie city — is an anomaly in a conmionwealtli. In all 
ages it has been the natural expression of despotism. Not the people of Italy, but 
the city of Rome, governed the world, as Paris lias governed France. In a city the 
people annuall}' meet, not together, but in wards, and surrender tlicir lihcrlies to 
men not always fit to govern justlj' ; often to ambitious demagogues who have been 
devoting their time to intriguing for their own advancement. Faneuil Mall was the 
creation of a free town. It is almost out of place in a city. The natural tcn<lency 
of things, in a city, is shown by the present condition of New York, governed by 
person.s seeking, not the best interests of the people, but their own interest, — to 
make themselves rich. 

2 Palfrey's Hist., vol. i. p. 381. ^ History of Charlestown, p. 50. 
* Palfrey's Hist., vol. i. p. 372, 



484 EDUCATION IN MASSACHUSETTS. 

The schoolmaster was an important person, in those early 
days. Many of them were distinguished. There is room to 
speak of only a few. Dr. Bentley gives us a pretty full account 
of those of Salem for the first century and beyond. John Fiske 
arrived in 1637. He was educated at Cambridge, in England, 
and was possessed of a large property. He prepared for college 
Sir George Downing, a graduate of 1642. Mr. Fiske was fre- 
quently in the pulpit in Salem, and in 1644 became pastor of 
Wenham. Edward Norris succeeded Fiske, whose pupil he 
had been, in 1640, and continued forty-two years. He was 
succeeded by Daniel Epes, a Cambridge graduate, who con- 
tinued till 1698. He was a magistrate and a counsellor. He 
was succeeded by Samuel Whitman, who was afterwards settled 
in the ministry ; and he by John Emerson, who had been in the 
ministry, and continued in the school till 1711.1 

To secure proper respect to the schoolmaster, his wife was 
to be accommodated with a pew next the wives of the magis- 
ti-ates.2 

When, in 1643, forty-eight of the inhabitants of Weymouth 
determined to plant a colony in Seaconk, which they named 
Rehoboth, the fifth on the list was the schoolmaster. In the 
partition, by lot, of the woodland ; and again, on the registry of 
lands, his name had the fifth place. Yet Rehoboth was then, as 
it is now, one of the small towns. It thus had one person, pro- 
fessionally a teacher, throughout the year. It now has schools 
three months in summer and three months in winter, each of 
them usually taught by a new teacher every quarter. 

Ezekiel Cheever, born in 1614, came to New England in 1637; 
and, the next year, went with those who founded New Haven, 
began his services as schoolmaster in 1638, and continued there 
with great success till 1650; when he moved to Ipswich, and 
there taught with distinguished success and celebrity, making 
that town rank, according to Dr. Bentley, in literature and popu- 
lation, above the other towns in the county of Essex.^ In 1661, 
Mr. Felt tells us, his agricultural operations required a barn, and 
that he planted an orchard on his homestead, thereby improving 
the soil of Ipswich, as well as the souls of her children, by 

1 Mass. Historical Collections, vol. vi. p. 240. 2 ij.^ p. 241. 

' Barnard, American Journal, vol. i. p. 304. 



LEGISLATION AND HISTORY. 485 

healthy manual labor. It is to be regretted, as Mr. Barnard says, 
that the early practice of attaching a house, for the occupancv of 
the master, with a few acres of land for a garden, orchard, and 
the feeding of a cow, adopted from the Old World,i had not been 
continued in all the small towns. It would have been the 
means of securing, in each town, a permanent schoolmaster, 
educated for the office. If this practice had been retained, the 
lamentable decay of the schools throughout nearly all the smaller 
towns might have been prevented. 

In November, 1666, Mr. Cheever removed to Charlestown ; and 
thence, in 1670, to Boston, where his labors were continued for 
thirty-eight years. He was a good scholar, and made an excel- 
lent Accidence for beginners in Latin, which continued in use 
for very many years ; but, if the account that Barnard gives of 
his discipline is to be relied on, he was in his feelings more of a 
savage than a Christian.^ 

There were other famous and able public schoolmasters ; but 
there were not enough to supply the wants of the people, and 
thence the necessity of what were afterwards called "academies." 
Of one or two of these only have I time to speak. 

By the will of Governor William Duintner, who died in 1761, 
his dwelling-house and farm at Byfield, in Newbury, were set 
apart for the establishment of a grammar school, to stand for 
ever on the farm. The property was given in trust, tlie rents 
and profits to be employed in erecting a school-house, and in 
support of a master; the appointment of whom was intrusted to 
a committee of five Byfield freeholders, acting in conjunction 
with the minister of the parish. The little school-house was built 
in 1762, and Samuel Moody — the famous Master Moody — 
was chosen to take charge of it. He continued its master for 
seventeen years, with an energy, success, and reputation which 
have rarely been surpassed. Very many of those destined to be 
the most distinguished men of Massachusetts in the various 
walks of life, were his pupils. They learned little else but Latin ; 
yet the habits of promptness, independence of thought, exactness 
and thoroughness, which he formed in them, made all future ac- 

1 Barnard, American Journal, vol. i. p. 303. 

2 See Life of Rev. Jolin Barnard, as quoted by H. Barnard, American Journal, 
vol. i. p. 308. 



483 EDUCATION IN MASSACHUSETTS. 

quisitions easy, and success, in most cases, certain. The endow- 
ment was not quite sufficient to maintain tlie master, and fees 
for tuition were found necessary. This, for some years, was 
the only conspicuous school in Massachusetts ; candidates for 
the college being very generally prepared by the parish minis- 
ters.i 

The example of Governor Dummer was followed by the 
Phillipses of Andover and Exeter, in the foundation and en- 
dowment, in those towns, of excellent academies, which soon 
reached the high reputation they have enjoyed up to the present 
day. 

Samuel Phillips, of Andover, a pupil of Master Moody, a 
graduate of Harvard in 1771, an earnest patriot, a successful 
man of business, made town clerk and treasurer at the age of 
twenty-one, member of the Provincial Congress for four years, 
from 1775 ; a senator from the first election under the Consti- 
tution, and onwards, except one year, when he was lieutenant- 
governor, till his death ; president of the Senate ; and, before he 
was thirty, a judge of the Common Pleas, — this honored and 
honorable Judge Phillips founded Phillips Academy in Andover, 
in 1777, which, the next year, went into operation under Eliphalet 
Pearson. 

His own share in the endowment was not large, but his in- 
fluence secured $6,000 each from his father, Samuel, of North 
Andover, and his uncle William, of Boston; 631,000 from his 
uncle John, of Exeter, and $28,000 from his cousin William, of 
Boston. 

This was the first incorporated academy ; the act bearing the 
date of Oct. 4, 1780. One day less than sis months from that 
day, that uncle John announced to his nephew the incorporation 
of Phillips Academy at Exeter. 

The common schools and the town grammar schools continued 
to decline. In the busy world of Massachusetts, men of ability 
found more profitable employment; and the great truth was not 
yet discovered, that women, as teachers and managers and 
governors of boys even up to manhood, are often gifted, at 
least as highly as men. Most of the boys were fitted for college 
' See Nehemiah Cleyeland's admirable history of this school. 



LEGISLATION AND HISTORY. 487 

by the ministers of the gospel, among whom I have the best pos- 
sible means of knowing, tiiat the practice of teaching the elements 
of the Latin language, as a spol<en language, very generally pre- 
vailed as late as one hundred years ago. 

Academies and private schools grew more and more numerous; 
sometimes endowed by public-spirited individuals, sometimes by 
grants of land from the State, often by both, and usually sup- 
ported, in part, by fees from the students. In 1834, there were 
more than nine hundred and fifty of these schools. Those 
under the supervision of resolute, judicious men, who knew the 
value of good teaching, and how to secure it; and sometimes 
others, by a fortunate accident, or a gracious Providence, — had 
good teachers, and flourished. But tlie greater number were 
very poor schools ; so also were most of the town schools ; and 
the belief and intimate conviction that most of the common 
schools were wretchedly poor, became, except amongst tlie most 
ignorant of the teachers themselves, and the most benighted of 
the people, almost universal. 

The Act of 1789, up to which time the laws of which I have 
been speaking continued in operation, was a wide departure 
from the principle of the original law. It substitutes six months 
for the constant instruction provided for towns of fifty families ; 
and requires a grammar teacher of determinate qualifications for 
towns of two hundred families, instead of the similar requisition 
from all towns of half that number of inhabitants. Siill, how- 
ever, far as it falls short of that noble democratic idea of the 
Puritans, of providing the best possible instruction for all, it 
would, if in force at the present day, render instruction of the 
highest kind accessible to the children of more than two-thirds 
of the towns of the Commonwealth. 

By an Act of February, 1824, facetiously called, in the index 
to the Massachusetts Laws, " an act providing for the public 
schools," the law of 1789 was repealed ; and, for all towns of less 
than five thousand inhabitants, instead of a master of " good 
morals, well instructed in the Latin, Greek, and English lan- 
guages," a teacher, or teachers, must be provided, " well qualified 
to instruct youth in orthography, reading, writing, arithmetic, 
English grammar, and geography, and in good behavior." 

This act was the severest blow the common-school system 



488 EDUCATION IN MASSACHUSETTS. 

ever received ; not only because it shut from the poor children, 
of all but a few towns, the path which had always lain open to 
the highest order of education, but because it took away a fixed 
standard for the qualifications of teachers, and substituted no 
other in its stead. The common schools had hitherto been as 
nursing mothers to the gifted children of the indigent, who were 
often raised, through them, to better opportunities, and thence 
to the highest stations in society. This high duty they utterly 
abandoned. The poor boy of talent who, under the former sys- 
tem, would have received the elements of the best education, 
gratuitously, but of right, in his native town, was thenceforward 
obliged to find or beg his way to a private school or academy, 
or to remain, for ever, without a learned education. The candi- 
date for the office of teacher, being released from the necessity 
of an acquaintance with the learned languages, which in most 
cases implied a certain degree of cultivation and refinement, and 
amenable to no rule measuring the amount of the mere elements, 
which only were required, was too often found to be lamentably 
deficient even in them. 

The effects of lowering the standard of instruction in the 
public schools became, to attentive observers, every year more 
apparent. For a time, the better qualified teachers continued in 
the service ; but they were gradually supplanted, in many places, 
by persons who, from their inferior qualifications, were willing 
to do the work for a lower compensation. 

In 1830, a meeting of teachers took place in Boston, which 
led to the formation of the American Institute of Instruction, 
intended for the mutual benefit of actual teachers. It had its 
first annual meeting this year, and began its work with an Intro- 
ductory Address by President Wayland, of Brown University, its 
first President. It was incorporated in 1831, and has continued till 
the present time, to hold annual meetings in various parts of this 
and other States, with addresses, lectures, and discussions, which 
have brought together many actual teachers and other friends of 
education from all parts of the country. Its good effects upon 
the teachers have been strikingly shown in the improved charac- 
ter and practical nature of their lectures and discussions. 

One of the subjects year after year discussed was the condi- 
tion of the common schools and what ought to be and might 



LEGISLATION AND HISTORY. 489 

be done for their elevation. Tliese discussions led, in 1836, to a 
Memorial to the General Court, from a committee of the Direc- 
tors of the Institute, urging the importance of legislative action 
for the improvement of the common schools, particularly l)y 
raising the qualifications of the teaciicrs, and asking fur the 
appointment of a Superintendent of the common schools, and 
showing the ways in which he might exercise the most beneficial 
influence. This was referred to a committee, but led to no im- 
mediate action. In January, lSo7, another memorial from the 
Institute was presented to the Legislature, praying that better 
provision might be made for the training of the teachers of the 
schools, and particularly " the instituting, for the special instruc- 
tion of teachers, of one or more seminaries." 

The cause of the common schools had been very ably pleaded 
by J. G. Carter,^ at that time a member of the House, and ear- 
nestly and long and well advocated by our associate, Rev. Charles 
Brooks, of Hingham, in lectures in many places, two of them 
before the Legislature daring this same session. This gentleman, 
indeed, for his long, disinterested, and unpaid labors in the cause 
of education, especially for his efforts to secure the establishment 
of Normal schools and a Board of Education, is entitled to be 
considered, more than any other individual, what he has been 
called, the Father of Normal schools.^ 

Elisha Ticknor, father of our distinguished friend and asso- 
ciate, George Ticknor, was the first in Massachusetts, — so far 
as I know, — to suggest the importance of an institution for the 
education of teachers, which he did in 1787, in tiie " Massachu- 
setts Magazine." The ne.xt was Denison Olmsted, in 1817. 
In 1823, William Russell proposed seminaries for teachers ; in 
1825, Thomas A. Gallaudet did the same in Connecticut ; and 
in 1826, Governor DeWitt Clinton in New York. Governor 

• Li Letters to tlie Hon. William Prcseott, LL.D., on the Schools of New Eng- 
land, with reni!irks upon the Principles of Instruction, p. 123. Boston, \S2i. And 
Essays upon Popular Education, containing an Outline of an Institution for the 
Education of Teachers, of sixty pages. Boston, 182G. 

'' Mr. Brooks lectured in nearly one hundred diflerent towns and cities, — in 
every place whore lie was invited. By invitation of the Legislatures of Massa- 
chusetts, New Hampshire, Vermont, Rhode Island, Connecticut, New Jersey, and 
Pennsylvania, he delivered, to crowded assenihlies in each, two or three lectures, 
besides speaking in most of the capitals between Boston and Washington. 



490 EDUCATION IN MASSACHUSETTS. 

Levi Lincoln, in his speech to the Legislature, June 6, 1827, ear- 
nestly recommends " measures for the preparation and better 
qualification of teachers," laments their present " incompetency," 
and suggests a public " institution for their appropriate educa- 
tion and discipline." In 1827, James G. Carter asked aid of the 
Legislature to establish a seminary, in vain. 

In 1830, a branch of Phillips Academy in Andover was opened 
for the express purpose of educating teachers, but was soon 
closed. 

On the 14th of January, 1837, in the Massachusetts House of 
Representatives, on motion of Mr. King, of Danvers, it was 
ordered that the Committee on Education be requested to con- 
sider the expediency of providing by law for the better educa- 
tion of teachers of the public schools. On April 14, of the 
same year, on motion of Mr. Carter, of Lancaster, a bill relating 
to common schools was taken up, and the House resolved itself 
into a committee of the whole for the consideration thereof; and, 
after some time spent therein, Mr. Speaker resumed the chair, 
and Mr. Winthrop, of Boston, from the committee, reported 
that the committee had had the subject referred to them under 
consideration, and that the said bill, with sundry amendments 
recommended by the committee, ought to pass ; and the bill was 
ordered to a third reading. 

Mr. Carter's report was as follows : — 

" The Committee on Education to whom was referred so much of His 
Excellency the Governor's Address as relates to education, and to whom 
was also referred ' The Memorial of the Directors of the American Insti- 
tute of Instruction,' and the petition of a convention of delegates from 
each of the towns in Plymouth County, and who were directed by order 
of the House, Jan. 14, 1837, to consider the expediency of providing by 
law for the better education of teacliers of the public schools of the Com- 
monwealth, have carefully considered those subjects, and report thereon 
the accompanying bill: Be it enacted, &c. : — 

" Sec. 1. His Excellency the Governor, witli the advice and consent 
of the Council, is hei-eby authorized to appoint eight persons, who, together 
with the Governor and Lieutenant-Governor, shall constitute and be de- 
nominated the Board of Education." ^ 

1 The first members of the Board were Edward Everett, George Hall, J. G. 
Carter, Emerson Davis, Edmund Dwiglit, Horace Mann, Edward A. Newton, 
Robert Rantoul, Jr., Thomas Robbins, Jared Sparks. 



LEGISLATION AND HISTORY. 491 

The remainder of the act designates its duties. The common 
schools were probably, at this time, at their lowest point of degra- 
dation. From what we can learn, they had, in most parts of the 
Commonwealth, been gradually declining, until, by this act, the 
Legislature showed its disposition to interpose and arrest tlicir 
downward progress. 

The Board of Education, at its first meeting, held June 29, 
1837, appointed as their secretary, Horace Mann,i at that time 
President of the Senate of Massachusetts. Mr. Mann had been 
known to the individuals of the Board as a member of one or 
other branch of the General Court for the ten previous years, 
and especially as the principal mover and agent in the erection 
of the State Lunatic Hospital at Worcester. 

He had, moreover, been recently engaged in the revision of 
the laws of the Commonwealth, and had been charged, together 
with another, with the supervision of the Revised Code ; and was 
therefore as familiar, probably, as any other individual, with the 
laws, institutions, and interests of the State. Immediately on 
his appointment, he gave up a lucrative practice in his profession, 
and, abandoning all other pursuits, devoted all his energies, time, 
and thoughts to the work he had entered upon. 

The most important and one of the first acts of the Board 
was the establishment of schools for the special education of 
teachers. Two Normal schools went into operation in the 
course of 1839 : one at Lexington, for females ; the other for 
pupils of both sexes, at Barre : the former, in July, under the 
superintendence of Cyrus Peirce, a man long and favorably 
known as a teacher, at Nantucket ; the latter, in September, 
under the charge of Samuel Phillips Newman, a gentleman 
who had been for many years a professor, of high reputation, in 
Bowdoin College. The first of these schools was soon moved 
to West Newton ; and thence, after some years, to Framingham, 
where it was finally settled, at a point within a few rods of the 
exact geographical centre of tiie State. The second was removed 

1 Tlie almost universal expectation of teachers and otliers intercsteil in tlie sub- 
ject was, that J. G. Carter would be appointed. He was far better iiuiuainted with 
the condition of education in Massachusetts, and liad done, by his eloquent writhigs, 
more than any one else in making that known to the people. Advantage has been 
taken of his investigations and of his statements, bat almost always without acknowl- 
edgment. 



492 EDUCATION IN MASSACHUSETTS. 

from Barre to Westfield, where it now stands. A third Normal 
school, for both sexes, went into operation at Bridgewater, Sept. 
9, 1840, under the charge of Colonel Nicholas Tillinghast, a pro- 
fessor of high reputation at the Military School at West Point ;^ 
a fourth, for females only, June 2, 1853, at Salem, under the 
care of a man who had received his education as a teacher at 
the Normal School in Bridgewater. 

In the establishment of each school, the inhabitants of the 
town, or their friends, provided a school-house, or made large 
donations for that object. The State sustains the schools, pay- 
ing the salaries of the teachers and the necessary expenses of the 
school, granting aid to pupils of limited means residing at a 
distance, and making appropriations for apparatus and other 
helps in instruction. 

All these schools are now in successful operation, and are 
accomplishing vastly more than their most sanguine friends ever 
dared to hoj^e. They have greatly improved the old methods 
of teaching and introduced new. They have improved in modes 
of study, in thoroughness, a:nd particularly in the study of sub- 
jects by topics, with personal inquiry, thought, and research, 
instead of servilely following the text-book. They have im- 
proved in the surprisingly ready use of the blackboard, upon 
almost all subjects, and of real objects and other sources of 
illustration ; in method ; and in the organization of schools and 
the theory of discipline after a lofty standard. They have sub- 
stituted real teaching for the old way of hearing lessons." 

* Mr. Tillinghast introduced into tlie Normal scliools excellent modes of teaching 
arithmetic and other branches of science, which have been greatly improved by his 
pupils, and by them, directly and indirectly, introduced into the other schools. He 
was extremely well qualified for his position in all respects, except one, — he was 
ignorant of the Latin and Greek languages ; and he felt and often said, that a person 
cannot teach Ianr/iia(/e without something of this attainment. He always lamented 
his want in this respect; and, I believe, shortened his life by his attempt to make 
up for it, when tlie labor necessary to carry on the scliool was constantly as much as 
he could bear. His ignorance of Latin sliortened his sleep and his life. He felt that 
if he could have devoted to the study only a year or two, before he was old enough 
for science, he would have far better understood every thing which he had to learn. 

'^ In a recent conversation with tlie faithful and able teacher of the school .it 
Bridgewater, he gave an accomit of his way of teaching mineralogy. A single 
instance m.ny suffice to give an idea of his method. For learning a lesson on granite, 
each pupil was funiisheil (instead of a text-book) with a piece of tlie rock, and the 
names of the three constituent minerals, whose properties he was to study. 



LEGISLATION AND HISTORY. 493 

And, in accomplishing this, the very object of their institution, 
and as a means of accomplishing this, they have been and arc 
teaching, in an admirable manner, all those branches of knowl- 
edge which are deemed most important for the rising generation 
to be acquainted with. The Normal schools are thus colleges 
of purest character and noblest aim, perfectly suited to prepare 
females for their special vocation in life, that of teaching children 
from birth up, — a vocation which is really, taking all things 
into consideration, the highest vocation on earth.^ 

No teacher, though he may have given his life to the work, 
can spend an hour at one of these schools, without feeling how 
much time he might have saved, and how much better and 
pleasanter and more useful his whole life's work would have 
been, if he could have had two years of such preparation at the 
beginning of his career.^ 

By the exact knowledge, habits of investigation and thought, 
and clear understanding given to the great numbers who have 
in them been prepared to take charge of the common schools of 
the State, nearly all these schools are now very much better than 
they ever were before. Let any one who has any doubt upon this 
subject, visit any of the schools, Primary or Grammar, of this 
city, or of any town in the neighborhood.^ 



1 The best education for a teacher is really the best education that a woman can 
receive, since it requires a thorough knowledge and understanding of whatever it is 
most important for everybody to know. If better colleges are wanted for females, 
they may best be had by carrying out the plan which the Board of Education 
have now under consideration, — that of lengthening the course at the Normal 
schools. 

'■i Many years ago, an officer, P. A. Silestriim, was sent by the Court of Sweden 
to look at our schools. After witnessing, for two hours, the instruction given by 
young ladies in the Normal school then at West Newton, he told me, " This is 
worth coming across tlie Atlantic to see. This is a great discovery. There are 
maiden ladies in Norway who could easily be prepared to teach all the little scattered 
mountain schools in that country, — schools in regard to which the government have 
long been almost in despair." 

3 In 1856, I went into Prussia for the express purpose of examining the gymnasia 
and, more particularly, the seminaries for teachers, after the model of which our Nor- 
mal scliools had been formed, in consequence of the knowledge given in the Report 
on them by Cousin, which had been introduced here by his correspondent, our 
friend and associate, Charles Brooks. I found no difficulty in gaining admission to 
them, through our minister Governor Vroom ; and devoted a week to the examina- 
tion of one of them in Berlin, which had been pointed out by the Minister of ^PubUc 
Instruction and KeUgion as a fair representative of the Normal schools of Prussia. 



494 EDUCATION IN MASSACHUSETTS. 

There is another thing which should not go without mention in 
the briefest sketch of the history of Education in Massachusetts; 
that is, the signal ability, intelligence, and thorough acquaintance 
with every thing relating to the instruction, moral elevation, and 
discipline of the schools, shown in the extracts from the Re[)orts 
of the School Committees of every part of the State, whicii ac- 
company the Annual Reports of the Board of Education. 

The signal success of our Normal schools, and the supervision 
exercised over the common schools, have been possible only 
through the existence and wise management of the School Fund, 
of whose legislative history it is therefore necessary to speak. 

In January, 1828, the Committee on Education, in the House 
of Representatives, in a report made by the Hon.W. B. Calhoun, 
declared that means should be devised for the establishment of a 
fund having in view not the support, but the encouragement, 
of the common schools, and the instruction of school-teachers. 

In January, 1833, Mr. Marsh, of Dalton, suggested the expe- 
diency of investing a portion of the proceeds of the lands of the 
Commonwealth in a permanent fund, the interest of which should 
be annually applied for the encouragement of common schools. 
The committee say, — 

" It is not intended, in establishing a school fund, to relieve towns and 
parents from the principal expense of education, but to manifest our 

I patiently heard erery teacher and every class, in every study they were pursuing, 
and saw the instruction given by some of the pupils to classes in the Model school. 

I had kept myself acquainted witli all tlie operations of the Normal schools in 
Massachusetts, from tlie time wlien Father Peirce began with his class of three girls, 
at Lexington, to the end of the sclioolyear in 1855; and I was obliged, to my in- 
finite surprise and gratification, to come to the conclusion, that there was not a single 
point in winch the Massacliusetts scliools were not immeasuriibly superior to the 
Berlin. Our course of studies was better, our methods of instruction and discipline, 
the intelligence .and vivacity of our teachers ; but tlie greatest difference was in tlie 
character of the materials out of which the future teachers were to be made. Instead 
of the bright, earnest, wide-awake, intelligent Yaidcee girls, who formed eighty per 
cent of the pupils in our Norm.il scliools, I saw only ungainly, .awkward, dull young 
men, of wliom it was impossible to help feeling, that most of them were tliere Ijecause 
they were too lazy to work, and too stupid to hope to succeed in any calling wliich 
required intelligent, thoughtful .activity. 

In the gymnasi,a, I speedily came to a different conclusion; for, while I nowhere 
saw — in matliematics, in natural philosophy, astronomy, and kindred branches — 
instruction given better than I had often seen at Cambridge, and in the High School 
in this city, in instruction in tlie elements of language, and the subsequent course in 
Latin, in English, in French, and especially in their own German, I was obliged to 
admit that they were far beyond what I had, then, anywhere seen here. 



LEGISLATION AND HISTORY. 495 

interest in, aud to give direction, energy, and stability to, institutions 
essential to individual happiness ancl the public welfare. . . . Therefore 
we recommend that a fiuid be constituted, and the distribution of the 
income so ordered as to open a direct intercourse with the schools ; that 
their wants may be better understood and supplied, the advantages of edu- 
cation be more highly appreciated, and the blessings of wisdom, virtue, 
and knowledge, carried home to the fireside of every family, to the bosom 
of every child." 

In February, 1834, a committee, after a very able Report, full 
of most valuable suggestions, reported, by their chairman, A. D. 
Foster, an Act to establish the Massachusetts School Fund : — 

"That all unappropriated moneys now in the Treasury, derived from 
the sale of lands in the State of Maine, aud from the claim of the State 
on the United States for military services, be appropriated to constitute a 
permanent fund for the aid and encouragement of common schools." 

This, the " Massachusetts School Fund," went into operation 
Jan. 1, 1835. 

By an Act passed in 1854, the fund was enlarged to a million 
and a half of dollars, by the transfer to the Fund of 2,944 shares 
of the stock of the Western Railroad Corporation held by the 
State. By a law of 1859, the School Fund is to be further in- 
creased, from the proceeds of the sale of lands in the Back Bay ;^ 
and it has been thus increased by the addition, froin that source, 
of the sum of ^456,930.06 ; making it, since the 1st of January, 
1866, $2,000,000 ; to which sum, for the present, it is limited. 

"The establishment of the School Fund," says Governor Boutwell, 
" was the most important educational measure ever adopted by the 
government of the Commonwealth; aud, in connection with the organ- 
ization of the Board of Education, it has wrought a salutary change and 
reformation in the character and influence of our public schools." — " AVith 
the fund, it is possible to obtain accurate and complete returns from nearly 
every town in the State. Without it, all legislation must prove ineftectual. 
By the aid of the fund, all material facts are annually made known to the 
Stale ; without it, each town is kept ignorant of what its neighbors are 
doing. With the fund, we have a system ; without it, all is disjointed and 
disconnected." " 

One-half the income of this fund is annually "distributed 
among the cities and towns of the State, in proportion to the 

' Twenty-fourth Report of the Board of Education : Secretary G. S. BoutweU's 
Report, p. 74. - Id-, p. VG. 



496 EDUCATION IN MASSACHUSETTS. 

number of children in each, between the ages of five and fifteen 
years;" on condition, however, that no apportionment shall be 
made to a town or city which has not sent in a report, and which 
has not raised by taxation, for the support of schools, during the 
previous school-year, a sum not less than one dollar and fifty cents 
for each person between the ages of five and fifteen. This sum 
is now increased to three dollars for each child. 

From the other half of the income of the School Fund must 
be paid " all money appropriated for other educational purposes," 
such as the support of the Normal schools, schools for the blind, 
for the deaf and dumb, for feeble-minded persons, &c. 

By the wise and careful distribution of the former half of the 
fund, with its conditions, the inhabitants of the towns and cities 
in the Commonwealth have been induced to raise, by voluntary 
taxation of themselves, sums for the sup]5ort of the schools, which 
have been constantly increasing from 1837 to the present time. 
The mere increase for 1867 " amounting," according to the able 
secretary of the Board, "to §-362,328.87; a sum added in a single 
year nearly, or quite, equal to the entire amount raised by tax 
in 1837." 1 

The small bonus of twenty cents, or at most twenty-five cents, 
for each child between five and fifteen, has been used as a lever 
to induce the people to raise by voluntary taxation, every year, 
from twenty-nine to forty times that sum, in all the towns of the 
Commonwealth. 

We were recently told, in an admirable school report, by one 
of our associates,^ who is as careful in his statements as he is 
eloquent in the enforcement of truth, that, in France, two and a 
half millions of children are taught at a cost of over six millions 
of dollars, that is, at 82.06 each child ; and that, in 1856, the total 
expense of primary instruction, for 3,850,000 children, was over 
eight millions of dollars, or ^2.07 for each child ; by primary in- 
struction being meant all instruction below that of the colleges. 

In Massachusetts, in 1867, the money raised by voluntary 
taxation, for 261,408 children, between five and fifteen, including 
only expenses for wages, board, fuel, care of fires and school- 
rooms, was $2,355,505,3 ^hat is, $9.10 for each child; and "the 

I Tliirty-first Annual Report, p. 39. -' Rev. R. C. Waterston. 

3 This money undoubtedly comes mostly from the rich, and the greatest gainers 
are the poor. Yet it is voted readily, and paid most willingly. " Government can- 



LEGISLATION AND BISTORT. 497 

amount from taxes, tuition, and funds, and expended on public 
scliools, private schools, and academies, exclusive of the expenses 
of buildings and school-books, is S'3,lG0,GGo.94 ; which is equal 
to the sum of over 812 for every person in the State between 
five and fifteen years of age." ^ 

Besides these, we know what large sums are annually spent 
in buildings and in school-books. 

There is another work, another change, which has been silently 
and constantly going on, under the guidance of the Board of 
Education and the secretaries, and through their great organs 
the Normal schools and the enlightened experience of the people, 
not less important than any other that has been spoken of. The 
common schools have, every year since the establishment of the 
Board, been taught and managed by a larger number of females 
than in any year before. To take only the last eleven years that 
have been reported. The whole number of diflferent persons 
employed as teachers in the public schools, during the year 1836, 
was 7,153, of whom 1,768 were males and 5,385 females. 

The whole number employed in 1867 was 7,759, of whom 
1,020 were males and 6,739 females ; showing an addition, in 
eleven years, to the number of female teachers, of 1,354, or 123, 
on an average, each year; and a diminution in the number of 
male teachers of 748, or 68 a year, the number of schools having 
increased in those eleven years from 4,300 to 4,838. 

In the matter of compensation to female teachers, there always 
has been, and still is, a deplorable disregard of propriety, right 
feeling, and justice. The average wages of female teachers in 
1837 were $11.38 per month ; less than $3 a week. They are 
now, or were in 1867, S$26.44 per month, that is, -36.61 a week ; 
an increase of 50 cents a month each year fur thirty years. But 
still what a wretched pittance for such services ! Absolutely 
unintelligent labor, mere digging, is better paid than the intelli- 
gent, refining devotion and care of highly educated teachers. 

not," as Mr. Webster said, "subject tbe properly of tbose wlio bave estates to a 
burJen tor a purpose more favorable to tbe poor, anJ more useful to the whole cotu- 
inunity. This is tbe living fountain wbicb supplies tbe ever-ttowins;. cver-refresbiii'r, 
ever-fertilizing stream of public instruction anil general intelligence " — D. II ibskr's 
Speech in Mii^:iachiisctts Coiiventinn o/1820. 

1 Tbirty-first Annual Report of tbe Board of Kducation and of the Secretary, 
Hon. Joseph White. 

32 



498 EDUCATION IN MASSACHUSETTS. 

One can hardly help feeling that the mere cleaning of streets, 
digging of ditches, and raising crops of potatoes and cabbages, — 
all to be forgotten in a year, — are more important, in the eyes 
of the fathers of the people, than the refinement, elevation, and 
delicate training of their children, on which their own happiness, 
after middle life, will depend, more than on all other causes 
together. 

Now, are not the legislation of Massachusetts, in regard to the 
School Fund and the Normal schools, and the action of the 
agents of the State in carrying this legislation into effect, in per- 
fect keeping with that legislation of our Fathers, which, as we have 
seen, is the object of praise and admiration throughout the world ? 
In this one particular, we have not fallen below their high stand- 
ard. We have, through our Governor and Council, selected, 
year after year, from all the inhabitants of the State, such per- 
sons, to form the Board of Education, as seemed best fitted, by 
their wisdom, experience, and knowledge of the wants and actual 
working of the schools, to take charge, without pecuniary remu- 
neration, of the interests of education ; and we have required the 
Board " to lay before the Legislature an annual report of school 
returns, and of all the doings of the Board, with such observations 
upon the condition and efficiency of the system of popular edu- 
cation, and such suggestions as to the most practical means of 
improving and extending it, as the experience and reflection of the 
Board dictate." ^ 

The Board have chosen to the office of secretary, who is the 
organ of communication between the State, its officers and 
representatives, and all the schools of the State, men — Horace 
Mann, Barnas Sears, George S. Boutwell, Joseph White — as 
signally well qualified for the office as could be found in the 
State, perhaps in the world. 

' Twenty-fourth Report, sec. 3, p. 64. 



Cambridge ; Stereotyped and Printed by Jolin Wilsun &. Son- 



